Ruprecht

Plaintiffs sued to restrain defendant from erecting or maintaining upon defendant's premtses buildings other than residences and outhouses permitted by the deeds of conveyance under which both parties held. Plaintiffs had judgment as prayed and defendant has appealed upon a bill of exceptions.

The covenant under which plaintiffs sued was included in all the deeds of conveyance to all the lots of a tract of land owned and subdivided by the common grantor. The provision which plaintiffs claimed was breached reads: “Buildings restricted to dwelling houses and the buyer shall not construct any dwelling house upon said tracts to cost less than $3,000.00 . . . provided that the buyer may erect a garage or other outbuildings, the same to be built and located at the proper point on said tract for such building.” The complaint alleged that the defendant, disregarding this restriction, had erected on one of the lots purchased by him “unsightly chicken houses and barns for use in conducting a chicken ranch and ever since has maintained and operated said chicken houses and bams on said property in conducting a chicken ranch. ’ ’ The trial court found that this allegation was true; that the…