Hitchner v. Gustainis

Flannery, J.,

Edgar N. Hitchner and Nellie C. Hitchner, his wife, plaintiffs, agreed with George Gustainis and Constance Gustainis, his wife, to convey to them a home and four lots in Exeter Town*546ship, Luzerne County, Pa., on a plot of lots known as that of the Rivereliffe Land Company.

The chain of title revealed that the lots were subject to a building restriction forbidding any “building or buildings within 50 feet of the main road”, with the further provision that “in case any term or terms herein expressed are not complied with, then the amount paid as consideration herein shall be…