Barrand v. Quinn

Order reversed on the law, with $10 costs and disbursements, and motion to dismiss plaintiff’s complaint granted, with $10 costs. Memorandum: The restrictive covenant under consideration here speaks only of buildings to be erected in the future. There is no ambiguity as to the use of buildings already in existence. That subject is not covered by the contract as written. Courts cannot make new contracts for parties or give those already made a strained construction. “Restrictions as to buildings ‘to be erected’ do not limit the use of buildings already erected.” (3 Weed on New York Real…