H. J. Griffith Realty Co. v. Hobbs Houses, Inc.

CARMODY, Justice.

Plaintiff appeals from the refusal of the trial court to set aside a restrictive covenant contained in a deed to property of the plaintiff. Plaintiff also complains of the failure of the trial court to make a declaration as to the meaning and legal effect of the restriction, if found to be valid.

The real controversy in the case has to do with the construction and effect of a provisional condition contained in the deed from the defendant to the plaintiff’s predecessor in title.

The property involved, consisting of 14.21 acres within the city of Hobbs, was purchased from the…