Thornton v. Schobe

A demurrer to the complaint on the ground of insufficient facts was sustained; plaintiffs stood by their complaint ; the cause was dismissed and they bring error.

The point in question is whether the contract on which the complaint is based is void under the statute of frauds. It was stated and promised by defendant that if plaintiffs would buy certain portions of his land he would not build, upon certain of his remaining land near by, “any apartment house, garage or buildings used or to be used for business or store purposes, and that said territory was restricted territory, in which no…