Bear v. Bernstein

SIMPSON, Justice.

The question is, does a restrictive covenant in a deed providing that the land shall be “used only for residential purposes * * * and that only one residence shall be erected on * * * [the] lot” prohibit the erection of a duplex or four-unit apartment house.

The cases are in irreconciliable conflict, some courts holding that such character of restriction is against plurality of use or occupancy, while others take the view that it is against plurality of houses or buildings.

While a number of courts hold to the first view, as did the learned trial court in this case, we think…