SMOKE v. PALUMBO


234 Or. 50 (1963)

379 P.2d 1007

SMOKE ET AL v. PALUMBO ET AL

Supreme Court of Oregon.

Affirmed March 28, 1963.


Attorney(s) appearing for the Case

Russell R. Niehaus argued the cause for appellants. With him on the briefs were Wheelock, Richardson & Niehaus.

Wilber Henderson argued the cause for respondents. With him on the brief was Donald Alderton.

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


AFFIRMED.

GOODWIN, J.

This is an appeal by the owners of certain lots in Palumbo's First Addition (to the City of Portland) from a decree dismissing their suit. Plaintiffs sought to impose restrictive covenants upon other lots, owned by the defendants, within the platted subdivision.

The subdivision consists of 34 lots. The plat was dedicated by the defendants Palumbo. The Palumbos began to develop the tract...

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