Dillingham v. Kahn

Johnson, C. J.,

(after stating the facts). The foregoing statement of facts demonstrates that appellee violated the terms and conditions of his bill of assurance, which was made a part and parcel of the deed from appellee to appellant conveying plot 23 in Prospect Terrace. The evidence on this point is too plain and certain to be ignored. In very plain language the bill of assurance provides: “No residences shall be erected on plot 1 to 39, inclusive * * *, the actual bona fide cost of which, exclusive of any outbuildings, shall be less than $10,000.” This language conveys what it means and…