Stollsteimer v. Morgan

Levinthal, J.,

Plaintiffs seek an injunction to restrain defendants from altering and using their house for nonresidential purposes. The bill, filed by the original plaintiff, Marie Stollsteimer, alleges that the property in question is subject to a restrictive covenant forbidding the erection of any building other than a private dwelling house, and limiting the use of the premises to residential purposes only. Further averments in*271dicate that defendants, Dr. Morgan and his wife, are contemplating alterations in the basement of their home in order to provide offices wherein defendant physician…