Guillette v. Daly Dry Wall, Inc.

325 N.E.2d 572 (1975)

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Guillette v. Daly Dry Wall, Inc.

Supreme Judicial Court of Massachusetts
325 N.E.2d 572 (1975)

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Facts

Gilmore owned property which he sold in lots. Gilmore placed on the entire set of property certain restrictions, including that the lots were intended for residential one-family dwellings only. Between 1967 and 1968, each of eight deeds recorded either directly set forth the use limitation or incorporated the limitation by reference. The Guillettes (plaintiffs) purchased a lot in 1968. The deed that they received included the land use restriction clause, and further stated that “the same restrictions are hereby imposed on each of the said lots now owned by the seller.” This latter clause was only included in two of the eight deeds conveyed at the time. In 1972, Daly Dry Wall (defendant) (Daly) bought another of the lots, but the deed it received did not mention any restrictions on the use of the land. Daly then commenced plans to build a 36-unit apartment complex. The Guillettes (and other owners) sued Daly, seeking to enjoin the contemplated construction. The trial court found for the plaintiffs and halted the construction. Daly appealed.

Rule of Law

Issue

Holding and Reasoning (Bracuher, J.)

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