Ventresca v. Ventresca

Opinion by

Ervin, J.,

The lower court confined to damages the remedy for a deliberate violation of a deed restriction which prohibited the erection of any building within five feet of the side lines of a lot. The defendants built a garage approximately three feet four inches from the side line which divided plaintiff’s and defendants’ properties. The plaintiff appealed.

The lower court found that soon after the excavation for the garage was visible the plaintiff made oral protests and objections to the defendants and on various occasions thereafter repeated his objections; that the garage was…