Lohmeyer v. Bower

Dr. Lohmeyer (plaintiff) contracted to buy property from the Bowers (defendants) under a deed warranting the property was conveyed free and clear of encumbrances but subject to all restrictions and easements of record. Lohmeyer's attorney discovered the house on the lot violated two zoning requirements - it was only one story where two stories were required, and it sat too close to the neighboring lot's border. When Lohmeyer raised these violations, the Bowers offered to buy and convey additional land behind the house to fix the setback violation, but Lohmeyer refused and sued to rescind the contract and recover his earnest money; the Bowers counterclaimed for specific performance, and the trial court sided with the Bowers and ordered specific performance. Lohmeyer appealed.