Sheets v. . Dillon

Action to compel specific performance of a contract of purchase and sale of real property.

Plaintiff, being the owner of lot No. 13, block 4, West Highlands No. 1, in Winston-Salem, N.C. contracted to sell the same to defendant "free and clear of . . . any and all restrictions as to the use of the property for building purposes, the said party of the second part anticipating and planning to use the said property for business purposes only, and no other." The defendant refused to comply for that one of plaintiff's predecessors in title, by covenant contained in a deed to the premises,…