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McKinnon v. Benedict

Supreme Court of Wisconsin
38 Wis.2d 607, 157 N.W.2d 665 (1968)



With the help of a $5,000 loan from Roderick McKinnon (McKinnon) (plaintiff), Mr. and Mrs. Roy Benedict (the Benedicts) (defendants) purchased Bent’s Camp, a resort adjoining McKinnon’s 1,000 acre estate where he lived during the summer. In exchange for the loan, the Benedicts promised to remove no trees and make no improvements on the resort near McKinnon’s property for 25 years. The area they agreed not to develop included the most desirable sections of the property. Four years later, the resort had failed to prosper and the Benedicts invested $9,000 toward construction of a trailer park and tent camp. Upon returning to his estate for the summer, McKinnon learned of the Benedicts’ improvements to their resort and brought an action in equity seeking to enjoin further construction. The trial court granted the injunction and the Benedicts appealed.

Rule of Law


Holding and Reasoning (Heffernan, J.)

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