Welitoff v. Kohl

The opinion of the court was delivered by

White, J.

The respondent, Kohl, in 1923, conveyed in fee-simple premises on Gifford avenue in Jersey City to one Jaffe, the deed (which was duly recorded) containing the following restrictive covenant, viz., “Subject also to the condition that no building shall be constructed or erected upon said premises or any part thereof nearer than fifteen feet to the building line of Gifford avenue.” Jaffe gave Kohl a purchase-money mortgage for $60,000 which contained the same restriction. At the time of this conveyance the improvements fronting on Gifford avenue…