Snashall Et Ux v. Jewell Et Ux

This suit was brought to enjoin defendants from maintaining a dwelling house which it is alleged violated a restrictive covenant contained in defendants’ deed against the construction of “more than one' single story dwelling.” The trial court denied the injunction but awarded plaintiffs damages in the amount of $2,500. Defendants appeal.

Both plaintiffs and defendants received their deeds from common grantors, Nosier and Powell, who owned k trket of land lying along S.W. Altadena Avenue and S.W. Washouga Avenue in the Council Crest area of Portland. The tract was located on a slope providing…