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Civil Procedure Keyed to Cross
Hansberry v. Lee
Citation:
311 U.S. 32, 61 S.Ct. 115, 85 L.Ed. 22 (1940)
ProfessorBrittany L. Raposa
CaseCast™ – "What you need to know"
Facts
A group of landowners created a restrictive covenant that prohibited their land from being sold or used by a black person, enforceable only if ninety-five percent of owners in the area signed the agreement. Only fifty-four percent of landowners signed it, but an earlier lawsuit between the landowners, Burke v. Kleiman, found the agreement legally binding under the belief that ninety-five percent of the owners signed it. Following this decision, the Hansberrys (Defendants), a black family, sought to buy a home in the area and were sued by Lee (Plaintiff) for breach of the restrictive covenant. Defendants’ argued that the agreement was not binding because not enough landowners had signed, Plaintiffs argued that this issue was barred by res judicata under Burke.
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