Goldberg v. Nicola

Opinion bx

Mr. Justice Kephart,

Mary Nicola and her husband, appellants, owners of a lot of ground, conveyed a portion of it to Goldberg, appellee, subject to a restriction that “No building more than three (3) stories in height shall be erected or maintained upon the above described lot of land.” Appellants also agreed that no building more than three stories in height shall be erected on the property remaining in their ownership and from which this lot was taken. This remaining land with the restriction was sold to Grump and McQuillen, who built an apartment house thereon in violation of the…