McLeskey v. . Heinlein

The cause was submitted upon facts agreed, from which it appears that on 2 August, 1930, the plaintiff and the defendant entered into a certain written contract whereby the plaintiff agreed to lease to the defendant lot No. 12, Block E, of Myers Park, made 16 December, 1912, and recorded in Book 230, page 123. The proposed lease provided that the lessee should have possession and use of said lot, free and clear "of building restrictions and restrictions affecting the use and occupancy thereof for business purposes for a period of five years," etc. The defendant agreed to lease the property,…