Villanova Leasing Corp. v. L. M. J. Realty Corp.

Plaintiff sues to impress a lien upon defendant’s real property. The papers before the court show that a written contract of sale for this real property was entered into between the parties on August 3,1961; that the said contract provided amongst other things that the sale of such property was subject to covenants and restrictions of record which will not prohibit the erection of an apartment house built up to the building line; that $3,600 was paid as a deposit on said contract; that title was defective because the restrictions of record did prohibit the erection of an apartment house built…