Home/Supreme Court of Missouri/Strauss v. J. C. Nichols Land Co.

Strauss v. J. C. Nichols Land Co.

37 S.W.2d 505, 327 Mo. 205, 1931 Mo. LEXIS 545
CourtSupreme Court of Missouri
DecidedMarch 25, 1931
StatusPublished
Cited by14 cases

This text of 37 S.W.2d 505 (Strauss v. J. C. Nichols Land Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Strauss v. J. C. Nichols Land Co., 37 S.W.2d 505, 327 Mo. 205, 1931 Mo. LEXIS 545 (Mo. 1931).

Opinion

*208 WHITE, J.

— The plaintiffs as owners of lots in the Wornall Homestead, an addition to Kansas City, brought this suit to set aside an agreement to extend certain building restrictions applicable to certain lots in that addition. The defendant J. C. Nichols Land Company filed the plat of the addition. The J. C. Nichols Investment Company later became interested in the property. The remaining defendants were owners of lots or parts of lots in that addition. The judgment was for defendants, and the plaintiffs appealed.

The accompanying plat shows the lots affected by the restrictions.

The plaintiff Strauss owned lot 9 in Block 12; the plaintiff Den-ham owned 66 feet of lot 1 in Block 12; plaintiff Ozias owned lot 11 in Block 11; plaintiff Mellier owned lot 14 in Block 11. The defendants Aycock, Shou^e, Howard, Wahl, Cotton and Standard Oil Company owned lots in Blocks 11, 12 and 13. The plaintiffs and the last named defendants acquired their several lots either directly or through mesne conveyances from the Nichols Land Company. The plat of the addition contains this stipulation:

“All persons, including corporations, who now own or shall hereafter acquire any land in Block 11 and in Lots 1 to 9 inclusive of Block 12 described in this plat shall be taken and held to agree and covenant with the owner of the above described land and with its successors and assigns to conform to and observe the following restrictions, and stipulations as to the use thereof and construction of the improvements thereon for a period of 20 years, from October 9, 1912, to-wit:”

Then follow five paragraphs enumerating restrictions governing the uses to which the lots should not be put, the kind of buildings to be

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Bluebook (online)
37 S.W.2d 505, 327 Mo. 205, 1931 Mo. LEXIS 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strauss-v-j-c-nichols-land-co-mo-1931.