Lockwood v. Chessman

Ervin, P. J.,

Plaintiffs and defendant entered into a written agreement wherein defendant agreed to furnish the labor and materials for the construction of a residence on plaintiffs’ “lot”. The suit is for the return of $1,000 paid on the signing of the agreement by plaintiffs to defendant. The agreement could not be performed because the zoning law of the township wherein the “lot” was located prohibited the erection of the residence contemplated because sufficient side yards were not provided. Paragraph 7 of the contract provided that:

“The contractor, at his own expense, shall apply for and…