Houghton v. Rizzo
Massachusetts Supreme Judicial Court
281 N.E.2d 577 (1972)
Relevant factsFree
The defendants subdivided land into 37 lots and conveyed 16 through 13 deeds, 11 of which restricted use to single-family homes, while retaining the rest and beginning construction of a multifamily apartment building on one retained lot; eight owners of the previously restricted lots (plaintiffs) sued to enforce the same single-family restriction against the defendants' retained land, and the trial court ruled for the plaintiffs.
IssueFree
Whether the statute of frauds prevents enforcing against a seller an implied or oral agreement that the seller's own retained land will be bound by restrictions similar to those imposed on lots the seller has already conveyed.