Lampson Lumber Co. v. Caporale

This appeal involves the question whether a restrictive covenant in a warranty deed from the plaintiff to the named defendant is unreasonable and unenforceable. From a judgment for the defendants, the plaintiff has appealed.

The deed contained the following restriction: “Grantee agrees that this conveyance is made upon the understanding that the above described premises will not be used as a motor vehicle junk yard nor for the sales of used cars or parts nor for any other occupation usually deemed unwholesome, noxious or offensive and further, during such time as the Grantor or its successors…