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SNASHALL ET UX v. JEWELL ET UX

228 Or. 130 (1961)

363 P.2d 566

SNASHALL ET UX v. JEWELL ET UX

Supreme Court of Oregon.

Affirmed July 12, 1961.

Petition for rehearing denied September 5, 1961.

Attorney(s) appearing for the Case

Donald H. Joyce, Portland, argued the cause and submitted briefs for the appellants.

Richard R. Carney, Portland, argued the cause for respondents. On the brief were Carney & McCarroll, Portland.

Before McALLISTER, Chief Justice, and SLOAN, O'CONNELL and LUSK, Justices.

AFFIRMED.

O'CONNELL, J.

This suit was brought to enjoin defendants from maintaining a dwelling house which it is alleged violated a restrictive covenant contained in defendants' deed against the construction of "more than one single story dwelling." The trial court denied the injunction but awarded plaintiffs damages in the amount of $2,500. Defendants appeal.

Both plaintiffs and defendants received their deeds...

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