Sczepaniak v. McGlone Et Ux.

Opinion by

Ross, J.,

This is a bill in equity to restrain the operation of a store in a building which is being constructed on their lot by the defendants.

The parties respectively own and occupy premises on opposite corners of Twelfth Street and Highland Avenue in the city of Chester. In the chain of title of both premises there is the following building restriction: “That but a single dwelling house shall ever be erected upon said lot which said house . . . shall be used and occupied by the grantee herein, his heirs and assigns as a dwelling house only.”

On April 28, 1945, the defendants…