Chevy Chase Land Co. v. Poole
Chevy Chase Land Co. v. Poole
Opinion of the Court
delivered the opinion of the Court:
The situation, then, amounts to this: The Land Company, through Eisher &• Company, extensively advertised its Chevy Chase land as ideal sites for the building of homes. It held
The plats, signs, advertisements, and contracts, to say nothing of the admissions, leave no room for doubt that purchasers of this Chevy Chase, District of Columbia, property had a right to understand, and did understand, that parcel 38 over 3 was included in the general scheme for the development and sale of property of the Land Company in that locality. In such circumstances, equity will intervene. The purchaser, having submitted to a burden upon his own land with the understanding that a similar burden is to be placed upon the remaining land of the grantor for the common benefit of all, will be relieved from an attempt by the grantor or third party with notice to depart from the general scheme. McNeil v. Gary, 40 App. D. C. 397, 46 L.R.A.(N.S.) 1113; Hooper v. Lottman (1914) — Tex. Civ. App. —, 171 S. W. 270; Schermerhom v. Bedell, 163 App. Div. 445, 148 N. Y. Supp. 896, 221 N. Y. 536, 116 N. E. 1074; Turner v. Howard, 10 App. Div. 555, 42 N. Y. Supp. 336; Tallmadge v. East River Bank, 26 N. Y. 105; Wiegman v. Kusel, 270 Ill. 520, 110 N. E. 884; Schickhaus v. Sanford, 83 N. J. Eq. 454, 91 Atl. 878.
Appellants cite Sprague v. Kimball, 213 Mass. 380, 45 L.R.A.(N.S.) 962, 100 N. E. 622, Ann. Cas. 1914A, 431, as “on all fours with the present” case. We do not so under
Since a general scheme or plan was clearly established, without resort to the representations alleged to have been made orally in behalf of the Land Company, it is unnecessary to determine how far such representations may be received in a case like this. But see Hawley Down Draft Furnace Co. v. Hooper, 90 Md. 390, 45 Atl. 456; Hall v. Solomon, 61 Conn. 476, 29 Am. St. Rep. 218, 23 Atl. 876; Julliard v. Chaffee, 92 N. Y. 529; Rackemann v. Riverbank Improv. Co. 167 Mass. 1, 57 Am. St. Rep. 427, 44 N. E. 990; Carr v. Dooley, 119 Mass. 294; Anderson v. American Suburban Corp. 155 N. C. 131, 36 L.R.A.(N.S.) 896, 71 S. E. 221.
The Grocery Company contracted to lease the proposed store building when erected, but it is not contended or shown that its equities are superior to those of the Land Company.
The decree is affirmed, with costs. Affirmed.
Reference
- Full Case Name
- CHEVY CHASE LAND COMPANY v. POOLE
- Status
- Published
- Syllabus
- Building Restrictions; Enforcement. The owner of a tract of land who by plats, signs, advertisements, and contracts leads purchasers of lots thereon to understand that every part thereof is to be used exclusively for homes, and cannot be used for mercantile purposes, will be enjoined from erecting a store upon an unsold parcel thereof. (Citing MeNeil v. Gary, 40 App. ' D. C. 397.)