McKeen v. Boothby

Exceptions. Assumpsit. Money had and received. Verdict directed for defendant.

Defendant, a real estate agent residing in this state, offered for sale certain próperty in Portland, belonging to one Bishop, a resident of Canada, and plaintiff entered into an agreement in writing to purchase the same for $3,500, making a cash payment of $100. The agreement recited that the property was free of incumbrance.

An examination of the records disclosed the fact that in the deed to Bishop, the following restrictions appeared: “No house or other buildings shall be built on said lots within ten years of…