Van Poole v. Messer

HEDRICK, Judge.

The three assignments of error brought forward and argued in defendants’ brief all relate, to the court’s instructions to the jury.

First, defendants contend the court erred in not submitting an issue as to whether the restrictive covenant in question had become unenforceable by reason of substantial and radical changes in the character of the East Jackson Park Subdivision.

In Tull v. Doctors Building, Inc., 255 N.C. 23, 39, 120 S.E. 2d 817, 828 (1961), we find the following pertinent statement:

“ ‘No hard and fast rule can be laid down as to when changed conditions have defeated…