Aull v. Kraft

HALE, Justice.

Appellant and others brought this, action 'to restrain the erection of buildings for business purposes on certain property owned by appellees, for mandatory injunction to remove buildings already erected for such purposes and for damages. Upon a hearing of appellees’ motion for summary judgment, the trial court concluded that no material is'sue of fact was involved-in the case and that appellees were entitled, as a matter of law, to judgment in their favor. Accordingly, the court rendered judgment that appellant and those who had joined him as plaintiffs in the court below take…