Virdon v. Horn

GREENE, Judge.

Defendants, Phil Horn and Tay Smith, appeal from that portion of a judgment of the circuit court which enjoined them from using Lot 1 of Dawt Mill Estates in Ozark County, Missouri for commercial purposes. They claim 1) the judgment is against the weight of the evidence, 2) that plaintiffs below are estopped from relying on a restrictive covenant which prohibited commercial usage of the lot in question, and 3) the decree prohibiting commercial use is indefinite and unclear.

Since this was a court-tried case, we are required to affirm the judgment if it is supported by substantial…