Gibson v. Main

The Chancellor.

There is no material issue of fact in this case. The stipulation filed in behalf of the parties narrows the questions of law to the single one of whether under the terms of the restriction in his deed the defendant may erect the structure in question. The proposed structure is intended to be used as a private garage. It is intended at the present for the accomodation of the occupants of the defendant’s two houses on East Grant Avenue. These houses are now occupied by the defendant’s lessees, but the defendant testifies that he contemplates occupying one of them himself in the…