Hunter

Plaintiffs brought this action against defendants for an injunction preventing the alleged violation of building restrictions. After sustaining defendants’ demurrer to plaintiffs’ complaint without leave to amend and denying plaintiffs’ motion for a temporary injunction, the trial court entered a judgment dismissing the action with costs, from which plaintiffs appeal.

It appears that plaintiffs’ lot, known as lot 4 of tract 4464 and located on the southwest corner of Eighth and Cochran Streets in the city of Los Angeles, is improved with a one-story stucco residence. The other lot, known as lot 3 of the same tract, is located on the northwest corner of Eighth and Cochran Streets and on this lot defendants are building a two-story class A, reinforced concrete school building. Plaintiffs’ lot is bounded on the north by Eighth Street and defendants’ lot is bounded on the south by Eighth Street.

By this action plaintiffs sought to restrain and enjoin defendants from constructing any building other than a residence on lot 3 in accordance with the restrictions of the deed, which are as follows: “it is provided and covenanted with a covenant running with the land herein conveyed that…