Fusilli v. Feld

In 1919 the defendant sold to the plaintiff by full covenant warranty deed a one-family frame house and lot in Brooklyn. By the usual covenant against incumbrances she warranted that the premises were free from all incumbrances except certain mortgages. In 1928 the plaintiff contracted to sell the premises to one Josephine Scali, subject only to a mortgage incumbrance. The vendee then discovered that by a prior deed the premises Were subject to a restrictive covenant running with the land against the erection of any building within ten feet of the street line. She began an action for specific…