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VIRDON v. HORN

No. 14389.

711 S.W.2d 205 (1986)

Bill VIRDON, et al., Plaintiffs-Respondents, v. Phil HORN and Tay Smith, Defendants-Appellants.

Missouri Court of Appeals, Southern District, Division One.

May 30, 1986.

Attorney(s) appearing for the Case

R. Jack Garrett, David H. Dunlap, West Plains, for plaintiffs-respondents.

Richard T. Martin, Gainesville, for defendants-appellants

GREENE, Judge.

Defendants, Phil Horn and Tay Smith, appeal from that portion of a judgment of the circuit court which enjoined them from using Lot 1 of Dawt Mill Estates in Ozark County, Missouri for commercial purposes. They claim 1) the judgment is against the weight of the evidence, 2) that plaintiffs below are estopped from relying on a restrictive covenant which prohibited commercial usage of the lot in question, and 3) the decree prohibiting commercial use is...

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