Norton v. Ritter
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis I£ain, .from a judgment, of the Supreme' Court in favor of the .plaintiffs, entered in the office of the clerk of the county of Kings on the 10th day of April, 1906, upon the decision of the court, rendered after a trial at the Kings County Special Term, granting a perpetual injunction.-
1Opinion of the Court
Gaynor, J.:
The case comes down to this: The defendant Frank C. Kohart (and the appellant only represents him, as the trial judge found) owned four adjoining lots of land. He erected detached . one . ■family dwellings on two of them, and sold ahd conveyed one to each of the plaintiffs. To induce them to purchase he represented to them that each of the two remaining lots were restricted against the erection of any building thereon excepting a private residence. like the two he had built, and promised-that no other kind of building would be erected thereon." Ho covenant to this effect was put in…
2Cases cited5 opinions
- Tallmadge v. . the East River BankNew York Court of Appeals · 1862
- Hodge v. . SloanNew York Court of Appeals · 1887
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Lewis v. . GollnerNew York Court of Appeals · 1891
- Woodhaven Junction Land Co. v. SollyNew York Court of Appeals · 1895
3Cited by9 opinions
- Cottrell v. NurnbergerWest Virginia Supreme Court · 1948
- Scheuer v. BrittSupreme Court of Alabama · 1928
- Feigen v. Green Harbour Beach Club, Inc.New York Supreme Court · 1960
- Dubrowsky v. BenedictNew York Supreme Court · 1971
- Nissen v. McCaffertyAppellate Division of the Supreme Court of the State of New York · 1922
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