Sine v. Western Travel, Inc.
Sine v. Western Travel, Inc.
Opinion of the Court
The plaintiffs commenced these proceedings in the court below seeking to restrain the defendants from continuing with the construction of a restaurant on a tract of land located on North Temple Street in Salt Lake City. After trial the court dismissed the plaintiffs’ complaint. The plaintiffs are here seeking to have that judgment reversed.
In the year 19S6 plaintiffs were the owners of the land on which construction of the restaurant was commenced. The plaintiffs were also the owners of a large motel west of the property here in question and also another motel situated on the same street and further west. In the year 1956 the plaintiffs sold their interest in the property to a predecessor in ownership and title to the defendant, Western Travel, Inc., the present owner. The plaintiffs being concerned with the establishment of a competing business in the neighborhood, included in the conveyance a restrictive covenant which reads as follows: “This property shall not be used for the erection of a motel thereon.”
Prior to the commencement of these proceedings Western had acquired title to property adjoining the land here in question
The construction of the restrictive covenant was before this court in the case of Metropolitan Investment Co. v. Sine,
Our attention has not been directed to any case, nor do we find any, which would indicate that the ordinary usage of the term, “motel,” would include the term, “restaurant,” and we are inclined to believe that the decided cases are to the contrary.
The judgment of the trial court is affirmed. Costs to the respondents.
. Schermer v. Fremar Corp., 36 N.J.Super. 46, 114 A.2d 757; Von Der Heide v. Zoning Board, 204 Misc. 746, 123 N.Y.S. 2d 726.
Reference
- Full Case Name
- Jerry SINE and Dora T. Sine, his wife, and v. WESTERN TRAVEL, INC., a corporation, Hyatt Chalet Motels, Inc., a corporation, and Harold Butler Enterprises No. 115, Inc., a corporation, and
- Status
- Published