Property Law Keyed to Dukeminier
Lohmeyer v. Bower
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
The Plaintiff contracted with the Defendants, Mr. and Mrs. Bowers and another party (Defendants), to buy a lot with a house on it. The Plaintiff’s lawyer discovered that the house was in violation of a city ordinance requiring a minimum space between lot divisions. Further, the lot was in violation of a restriction in the deed requiring two story structures to be placed on the lot. Plaintiff brought this to the attention of the Defendants who offered to buy and convey sufficient adjacent property to rid the lot of the ordinance violation. The Plaintiff refused and brought suit to rescind the contract. The trial court found for the Defendants and ordered specific performance. The Plaintiff appealed.
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