Starmount Co. v. Greensboro Memorial Park, Inc.

This litigation does not involve the question whether the restrictions invoked by the plaintiff were inserted in the deed to the defendant’s antecessors pursuant to a general plan for the development of Friendly Acres as a restricted community or neighborhood. Higdon v. Jaffa, 231 N.C. 242, 56 S.E. 2d 661; Humphrey v. Beall, 215 N.C. 15, 200 S.E. 918. The action is bottomed upon a quite different foundation. The plaintiff bases its prayer for relief upon individual and particular covenants constituting an express contract between it and the defendant’s predecessors and appearing in the…