This section contains the nature of the case and procedural background.

Kimball (D) subdivided a parcel of land, and sold certain lots to Sprague (P). The deeds to the lots owned by P contained a restriction prohibiting construction of any building within twenty-three feet of the street; and prohibiting use of the property as a public or livery stable, for mechanical, manufacturing or mercantile business purposes, or for any other business offensive to a residential neighborhood. D later sold property adjoining P's lot to Grossman, without any of the restrictions contained in P's deed. P sued to enjoin any sale of lots in the subdivision without restrictions.

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