Legal Opinion · Dissent

Williams v. Waldrop

Supreme Court of Georgia

Decided February 9, 1961No. 21138Published

1DissentDuckworth, Chief Justice

The recorded declared development plan expressly states that the restriction to residential uses is for the purpose of protecting purchasers of said propperty. This obviously was intended to enable the developer to receive higher prices for the lots. It was enough to bind every lot in the subdivision to its terms, whether expressed in the deeds or not. But the further provision therein that it would become binding when expressed in the deeds, taken literally and apart from the first portion, would nullify the first portion. Sound construction requires consideration of the entire document, and…

2Cases cited3 opinions

  1. Atlanta Ass'n of Baptist Churches v. CowanSupreme Court of Georgia · 1936
  2. Phillips v. IngramSupreme Court of Georgia · 1927
  3. Atlanta Ass'n of Baptist Churches v. CowanSupreme Court of Georgia · 1938

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