Oler v. Gibbons

200 F.2d 135, 91 U.S. App. D.C. 311, 1952 U.S. App. LEXIS 2253

Opinion

PER CURIAM.

This appeal is from a judgment enjoining the sale of spirituous or malt liquors upon premises impressed with a common covenant for the benefit of all property within a particular area. The case was tried upon stipulated facts. The District Court found and adjudged, contrary to appellants’ contention, that there had been no waiver of the covenant and no change in the neighborhood, which would justify its non-enforcement; and that it remained in full force and effect We find no error.

Affirmed.