From Casetext: Smarter Legal Research

Smart Farm Co. v. Promak

Supreme Court of Michigan
Apr 4, 1932
241 N.W. 813 (Mich. 1932)

Opinion

Docket No. 73, Calendar No. 36,134.

Submitted January 8, 1932.

Decided April 4, 1932.

Appeal from Wayne; George (Fred M.), J., presiding. Submitted January 8, 1932. (Docket No. 73, Calendar No. 36,134.) Decided April 4, 1932.

Bill by Smart Farm Company, a Michigan corporation, against Stanley Promak and another to enjoin violation of a building restriction. Bill dismissed. Plaintiff appeals. Reversed.

Dykema, Jones Wheat ( Benjamin J. Manley, of counsel), for plaintiff.


Plaintiff, a corporation, is owner of the lots of Smart Farm Subdivision, Wayne county, except lots sold. Defendants are land contract purchasers of a lot, the use of which, in common with other lots, is restricted of record to a single or double residence.

Defendants remodeled the basement under their dwelling, provided a front entrance, and opened and now conduct a confectionary business therein. This bill was filed to enjoin it. The bill was dismissed. Plaintiff has appealed.

The trial judge, in his opinion filed, states that right to enforce restrictions had not been waived, and that they are in force and effect. We agree with him. The restrictions remain beneficial. But he dismissed the bill on the theory "that neither the plaintiff nor adjoining property owners will suffer any consequential damage by reason of the maintenance of the said basement candy store."

The matter of damages to plaintiff is immaterial. Longton v. Stedman, 182 Mich. 405; Berry on Restrictions, § 413.

Defendants admittedly have violated the restrictions, and ought to be enjoined.

Reversed, with costs. Plaintiff may have decree.

McDONALD, POTTER, SHARPE, NORTH, FEAD, WIEST, and BUTZEL, JJ., concurred.


Summaries of

Smart Farm Co. v. Promak

Supreme Court of Michigan
Apr 4, 1932
241 N.W. 813 (Mich. 1932)
Case details for

Smart Farm Co. v. Promak

Case Details

Full title:SMART FARM CO. v. PROMAK

Court:Supreme Court of Michigan

Date published: Apr 4, 1932

Citations

241 N.W. 813 (Mich. 1932)
241 N.W. 813

Citing Cases

Thiel v. Goyings

"The matter of damages to plaintiff is immaterial." Smart Farm Co v Promak, 257 Mich 684, 685; 241 NW 813…

Oosterhouse v. Brummel

The Court has consistently held that it is unnecessary to show present damage in order to enjoin the…