Morrison v. Darr

• Decision Date: 02 February 1918
• Docket Number: No. 17883.,17883.
• Citation: 201 S.W. 1147
• Parties: MORRISON et al. v. DARR.
• Court: Missouri Supreme Court

201 S.W. 1147

MORRISON et al. v. DARR.

No. 17883.

Supreme Court of Missouri. In Banc.

February 2, 1918.

Respondent's Motion for Rehearing Overruled March 5, 1918.

Appeal from St. Louis Circuit Court; George C. Hitchcock, Judge.

Suit by Robert W. Morrison and others against John M. Darr. Injunction granted, and defendant appeals. Reversed.

Geo. W. Lubke and Geo. W. Lubke, Jr., both of St. Louis, for appellant. S. T. G. Smith, of St. Louis, for respondents.

BROWN, C.

This case involves the same questions that are before us in Bolin v. Tyrol Investment Co. (No. 18430) 200 S. W. 1059. Both cases were submitted upon argument as one case, and it was agreed that the controlling question in both was whether, under similar restrictions in the deeds through which the respective defendants acquired their lots in Chamberlain Park, they had, respectively, the right to erect apartment houses thereon containing six apartments each. The plaintiff in this case has, in his petition, put the point plainly in the following words: "Plaintiffs state that the defendant John M. Darr has begun the erection and construction of six dwelling houses upon lot 48 in city block 4865, as above described, in violation of the above conditions, restrictions, and agreements." The injunction as asked for was granted by the trial court and defendant appealed. Under these circumstances we must follow our decision in the Bolin Case.

The judgment of the circuit court for the city of St. Louis is therefore reversed.

RAILEY, C., dissents, for the reasons assigned in Case 18430, invoking the same questions.

PER CURIAM.

The foregoing opinion of BROWN, C., is adopted as the opinion of the court in banc. BOND, FARIS, WOODSON, and WILLIAMS, JJ., concur. GRAVES, 0. J., and WALKER and BLAIR, JJ., dissent.