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BLAIR v. EDWARDS REALTY CO.

241 Or. 257 (1965)

405 P.2d 538

BLAIR ET AL v. ALLEN C. EDWARDS REALTY CO.

Supreme Court of Oregon.

Affirmed September 8, 1965.

Attorney(s) appearing for the Case

DeMar L. Batchelor, Hillsboro, argued the cause for appellant. On the brief was Carrell F. Bradley, Hillsboro.

Donald J. DeFrancq, Portland, argued the cause for respondents. On the brief were Theodore B. Jensen and Davis, Jensen, Martin & Robertson, Portland.

Before McALLISTER, Chief Justice, and GOODWIN, DENECKE, HOLMAN and LUSK, Justices.

AFFIRMED.

HOLMAN, J.

This is a suit in equity brought by owners of property in the subdivision of McMillan Acres to enjoin the defendant, the owner of Lot 1, from maintaining a real estate office thereon in violation of a land covenant which limited its use to residential purposes. The trial court granted the requested relief, and the defendant appealed.

McMillan Acres, consisting of 36 lots, was platted in 1946 and, except for four lots, was restricted...

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