Flaks v. Wichman

It may well be assumed that only one question of law is presented by the record in this case, and our answer involves the interpretation of a restricted covenant contained in the deed to the real property here involved. The factual situation is not in dispute and is, briefly:

In the trial court there was a consolidation of two causes of action involving the same question, and we will consider the two cases as one. The Myron Stratton Home, a corporation, as owner of property located in Cheyenne Canyon, El Paso county, subdivided a portion into a subdivision known as Cresta Vista in 1945, and in…