Thayer v. Thompson

This is a declaratory judgment action brought by Raymond E. and Marilyn Thayer (Thayer), subsequent purchasers of land, against Winifred M. Thompson and her stepchildren (Thompson), sellers, to determine the validity of a restrictive covenant in a real estate contract. The covenant provides: "No buildings nor improvements shall be constructed or placed upon Lot 11, Block 10, above described . . without the prior consent of seller, his heirs or assigns, in writing." The trial court found that the covenant was valid and enforceable and dismissed Thayers complaint. Thayer appeals, contending the covenant