Joyce

This is an appeal by defendants from a judgment awarding damages in an action based upon the alleged violation of certain building restrictions contained in a deed.

Plaintiffs and defendants, respectively, were the owners of lots numbered 366 and 367 in a tract of land which had been theretofore subdivided and platted into a large number of blocks and lots and sold pursuant to a map thereof filed in the county recorder’s office. All deeds thereto, including those conveying the lots to plaintiffs and defendants, contained the following uniform building restrictions: That until January 1, 1930, “the said premises shall be used for residence purposes only. That no building or structure whatever other than a first class private residence, with customary out-buildings, including a private stable or garage, shall be erected, placed or permitted on said premises, or any part thereof . . . That only one such residence building shall be permitted on said lot at one time.” The evidence shows that said restrictions were inserted in said deeds pursuant to a general plan or scheme for the improvement of said tract, and the court so found.

All of said deeds also contained a condition and…