A. Kimball, Co. v. Fox

Martin, Francis, J.

This is an action brought by a vendee under a contract for the purchase and sale of real estate, to establish a lien for the down-payment, title having been rejected because of restrictions of record affecting part of the property described in the contract. They provide that the owner shall not erect, suffer or permit any establishment of a dangerous, noxious or offensive character, as well as certain stated establishments, also of a noxious character. Defendant’s contention is that a use which would be violative of such restrictions would be forbidden by the zoning…