Fairbanks v. MacReady

This suit was brought to enjoin an alleged violation of certain uniform building restrictions contained in a deed to a lot which formed a part of a tract of land platted, subdivided, and sold, pursuant to a general plan or scheme for the improvement and development of the whole tract. Judgment was entered in favor of defendant, and plaintiffs appeal.

The building restriction in question provided: “That the premises shall be used for residence purposes only; that no apartment house, double house, flat, lodging house, hotel, or any building or structure whatever other than a first class private…