Roth v. Jung

This is a controversy submitted pursuant to the Code ■of Civil Procedure. The plaintiff, perforce of a covenant, seeks to -restrain the defendant from building a certain tenement house. The premises are part of a piece of land 72 feet on Sumner avenue and 175 feet on Willoughby avenue, in the borough of Brooklyn, conveyed in 1858 to one'Ronghi, and at that time made subject to the -following covenant:

“And the said party of the second part, by accepting- this deed, hereby ■covenants and agrees-for himself, his heirs and assigns, that no store or grocery shall be erected or kept on said…