Vierk v. Ritenour

This appeal is from an action brought by the appellees herein to enjoin the appellants from erecting a building in violation of a certain restrictive covenant incorporated in the deed to the site of the proposed building.

The issues were formed by the complaint in three paragraphs and the appellants’ answers thereto. Cause was submitted to the court for trial and the court found for the appellees on paragraph one of their complaint. Paragraph two of complaint was dismissed and the court found against the appellees on the third paragraph of complaint. The pertinent part of the court’s judgment…