Scaling v. Sutton

SPEER, Justice.. This is an appeal by Charles W. Scaling alone, from an adverse judgment entered upon an instructed verdict in a cause in which Arnold Sutton and others sought permanent injunctive relief against Scaling and his lessee, restraining them from erecting a structure on a lot within an addition to the City of Fort Worth, Texas, which addition and all lots therein were alleged to be restricted to buildings for use only as private residences and all necessary outbuildings in connection therewith. We shall refer to Sutton et al. as plaintiffs, and to Scaling as defendant. There is no…