Jones v. Northwest Real Estate Co.

131 A. 446 (1925)

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Nature of the Case

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Facts

Northwest (P) purchased land, developed it, subdivided it, and sold the lots. The deeds on the lots contained a number of uniform restrictive covenants. P conveyed a lot to Read, and Jones (D) acquired title to that lot from Read, and the deeds contained the restrictive covenants found in all the deeds of the subdivision. Prior to purchase D secured plans to erect a two-story home known as a hip roof second story porch. D inquired for permission for that type of home and was told by an employee of P that there would be no problem, but the plans were never examined. The plans were submitted to P, and then a dispute arose over the design of the second story porch. The plans were refused. The art of persuasion was put on P, and eventually the plans were returned to D marked, 'Approved subject to changes noted. A man from D's office who picked up the plans signed D's name to them in front of P and then delivered them to D. D began building. P discovered the building and called for a halt unless the porch was modified. P sued D. P prevailed and D appealed.