Fred M. Vinson

“ Because of the race or color of these petitioners, they have been denied rights of ownership or occupancy enjoyed as a matter of course by other citizens of different race or [p21] color. [25] The Fourteenth Amendment declares
that all persons, whether colored or white, shall stand equal before the laws of the States, and, in regard to the colored race, for whose protection the amendment was primarily designed, that no discrimination shall be made against them by law because of their color. ”

“ We do not understand respondents to urge the contrary. In the case of Buchanan v. Warley, supra, a unanimous Court declared unconstitutional the provisions of a city ordinance which denied to colored persons the right to occupy houses in blocks in which the greater number of houses were occupied by white persons, and imposed similar restrictions on white persons with respect to blocks in which the greater number of houses were occupied by colored persons. ”

“ The trial court denied the requested relief on the ground that the restrictive agreement, upon which respondents based their action, had never become final and complete because it was the intention of the parties to that agreement that it was not to become effective until signed by all property owners in the district, and signatures of all the owners had never been obtained. ”

“ Chicago Union Traction Co., 207 U.S. 20, 35-36 (1907) ; Home Telephone and Telegraph Co. v. Los Angeles, 227 U.S. 278, 286-287 (1913) ; Prudential Insurance Co. v. Cheek, 259 U.S. 530, 548 (1922) ; American Railway Express Co. ”