Thayer v. Thompson

This is a declaratory judgment action brought by Raymond E. and Marilyn Thayer (Thayer), subsequent purchasers of land, against Winifred M. Thompson and her stepchildren (Thompson), sellers, to determine the validity of a restrictive covenant in a real estate contract. The covenant provides: "No buildings nor improvements shall be constructed or placed upon Lot 11, Block 10, above described . . without the prior consent of seller, his heirs or assigns, in writing." The trial court found that the covenant was valid and enforceable and dismissed Thayer's complaint. Thayer appeals, contending…