Goodstein v. Huffman

• Decision Date: 20 May 1949
• Docket Number: No. 14070.,14070.
• Citation: 222 S.W.2d 259
• Parties: GOODSTEIN et al. v. HUFFMAN et al.
• Court: Texas Court of Appeals

222 S.W.2d 259

GOODSTEIN et al. v. HUFFMAN et al.

No. 14070.

Court of Civil Appeals of Texas. Dallas.

May 20, 1949.

Rehearing Denied June 17, 1949.

Appeal from District Court, Dallas County; Sarah T. Hughes, Judge.

Suit by Max N. Huffman and others against A. L. Goodstein and another to enjoin erection of a building to be occupied and used by named defendant in violation of building restrictions. From a judgment granting an injunction, named defendant appeals.

Judgment affirmed.

Sam Passman and Emil Corenbleth, both of Dallas, for appellants.

John Cain and Chaney & Davenport, all of Dallas, for appellees.

BOND, Chief Justice.

This suit was brought by Max N. Huffman and others, owners of lots in severalty fronting on Stutz Street in Maple Grove Acres, an Addition to the City of Dallas, Texas, against A. L. Goodstein and M. R. Mitchell for the purpose of preventing the erection of a building on Lot 10 and approximately 25 feet of Lot 11 in said Addition, owned by A. L. Goodstein; such building to be occupied and used by him in violation of the building restrictions allegedly in force affecting all lots in said Addition.

The Addition consists of 24 lots — Lots 1 to 12, inclusive, facing south on Stutz Street and Lots 13 to 24, inclusive, facing north on said street. All lots in the addition were originally sold with building restrictions recited in each deed of sale — that the lots were to be used for private family dwellings only, and not to be used for trade, commerce, manufacturing, merchandise, or mechanics; and not to be sold to or used by persons of African descent, other than servants occupying servants' quarters. The restriction deeds provided: "Each of the above shall continue in full force and effect and shall run with the title to each tract or any part thereof for the full term of twenty years from the date of dedication, for the benefit of the grantors, and any and all persons hereafter owning any part of the above tracts, violation of or failure to comply with any one or more of same as to any part of said tract shall ipso facto cause the title to the part of such tract affected thereby to revert to the last immediate grantor, his heirs or assigns, and such grantor, his heirs or assigns, shall forthwith have the right to re-enter and repossess such parts; * * * X. Any and all of the above and foregoing restrictions, covenants and conditions may be changed or amended or abolished by an instrument signed, acknowledged and recorded in the Deed Records of Dallas County, Texas; such instrument of writing making such changes, amendments, or abolishing same must be signed by the owners of two-thirds of the total front feet of all the lots on Stutz Avenue. XI. In addition to the foregoing, any person owning any part of Maple Grove Acres shall have the right to enforce the foregoing restrictions by appropriate action."

The aforesaid restrictions and covenants expired in 1945. On April 30, 1947, the Addition having theretofore been annexed to the City of Dallas; and the City Council having zoned all the property on both sides of Stutz Street for "Manufacturing — 2(m2)," in anticipation of such City zoning ordinance being applied by owners, or their assigns, to lots on Stutz Street, on September 19, 1948, all of the property owners on said street, except those owning Lots 1, 2, 12, and the west part of 11, made and entered into a further written covenant, or agreement, signed and acknowledged by each of them and duly recorded in the Deed Records of Dallas County, Texas, extending the original deed restrictions to their respective lots in consonance with those restrictions recited in their respective deeds, or deeds of their predecessors; and each declared that such restrictions shall continue to run with the title...