Pierson v. Rellstab Bros.

The following is the opinion of the court below:

Taylor, J.

The restrictive covenant in this case was imposed in 1888 upon lands in New Rochelle, then a more rural community than at present. Undoubtedly, we may suspect that the party originally imposing it,, as well as the grantee, contemplated a high class residential development rather than one of multi-family houses. Whatever we may suspect was the intention, unless it is contained in the express language of the covenant itself or is legally inferable therefrom, such suspected intention may not be given effect. The court may not read into…