Wood

Wood v. Nellis-Ryus

Good Law
101 Cal. App. 447·1929 Cal. App. LEXIS 206·281 P. 703
Court of Appeal of CaliforniaOctober 25, 1929Docket No. 7098.California783 words

Opinion

lead Opinion

Nourse, J.

Plaintiff sued for damages, claiming breaches of several covenants relating to real property. Defendant had judgment and the plaintiff has appealed on a bill of exceptions.

Plaintiff is the owner of lot 6 and of a portion of lot 8 in what is known as Laughlin Park in the city of Los Angeles. Defendant is the owner of a portion of lot 9 of the same tract. The Laughlin Park Company, a corporation, in 1913 subdivided and platted the tract in which the properties are located and issued deeds which uniformly contained restrictions and covenants relating to the use and occupation of the lots by the grantees and their successors in interest. These deeds provided that “the breach of any of the foregoing conditions shall cause said premises to revert to the said grantors, its successors and assigns, each of whom respectively shall have the right of immediate reentry upon said premises in the event of any such breach.”

The portion of lot 9 owned by the defendant fronted on the DeMille Road and sloped down to the rear at a steep pitch. The plaintiff, feeling aggrieved because the defendant had constructed a residence upon her lot with a garage in front at the street level, instituted this…

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