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Civil Procedure Keyed to Field
Hansberry v. Lee
Citation:
311 U.S. 32, 61 S. Ct. 115, 85 L. Ed. 22 (1940)Facts
Respondents brought suit in the Circuit Court of Cook County to enjoin petitioners from breaching a restrictive covenant that prohibited sale, lease, or occupancy of property by persons of the colored race within a specified area of Chicago. The agreement required signatures from owners of 95 percent of the frontage to become effective. Respondents claimed they were landowners who had signed or acquired land from signers, while petitioners Hansberry, who were African Americans, had acquired and were occupying land formerly belonging to a signer. Petitioners defended on grounds that the 95 percent threshold was never met. Respondents pleaded res judicata based on Burke v. Kleiman, an earlier case that had adjudicated this issue. The trial court found only 54 percent had actually signed and that the Burke case rested on a false stipulation, but nevertheless held the issue was res judicata and entered a decree for respondents.
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