Struck v. Kohler

Opinion op the Court by

Chief Justice Carroll—

Affirming.

*518In May, 1919, the appellees, Kohlers, and the appellant, Struck, entered into a written contract by which, for a valuable consideration, the Kohlers agreed to convey to Struck lots No. 9 and 10 in block 2, Baringer Land Company, subdivision in Louisville, Ky.

It was stipulated in the writing that these lots should be “free from any restriction or condition which would prevent the erection or interfere with the use after erection of an apartment house, for residence purposes, of six or more stories, and containing forty or more apartments,…