Guttman

On August 17, 1954, appellants Henry H. Guttman and Katherine Guttman owned approximately 6 acres of land on the corner of Sunset Boulevard and Alpine Drive in the City of Beverly Hills. Appellants’ home was on the northerly portion of the grounds. On the date mentioned appellants conveyed by grant deed the southerly portion of the property to the predecessor of respondent Howard Homes, Inc. and its two sole shareholders, Maximilian Roven and Abraham Spiegel.

The grant deed described the property as lots 2, 3, and 4 of Tract 14531 and contained the following restrictions:

Subsequent to the purchase of the property by respondents, the lots purchased were redesignated Lots 1 and 2 by the City of Beverly Hills, Lot 1 being the southernmost portion of the property, situated on the corner of Sunset and Alpine (running east and west on Sunset, running north and south on Alpine), and Lot 2 situated on Alpine between Lot 1 and the Guttman home.

Respondents engaged Mr. Neutra, an architect, to design two residences for the property. Such plans (Neutra plans) were made projecting a home for Spiegel on Lot 1 and another residence for Roven on Lot 2. These Neutra plans were submitted to…