Wardrop Co. v. Fairfield Gardens, Inc.

This action is brought by plaintiff as the owner of certain land described in the complaint to secure a declaratory judgment to the effect that a restrictive covenant and trust deed affecting such property permits the erection thereon of “a modern, high class, properly conducted hospital for human beings which shall not treat contagious diseases.” A declaration is also requested *606in the negative that the said covenant does not prohibit the erection and maintenance of such hospital.

The covenant, which is the subject of this suit, reads as follows: “ And the said party of the second part for…