Evans v. Foss

The plaintiff seeks by this bill to obtain an injunction to prevent the erection of a garage by the defendant on Newbury Street in Boston. The case was reserved by a judge of the Superior Court upon the pleadings, his findings of fact, and the evidence taken before a commissioner. The plaintiff is the owner of a house and lot on Newbury Street, very near the defendant’s lot on which he began to build a garage. In the deeds under which the respective parties claim title there is a restriction, as follows: “ No building shall be erected on said described premises except outhouses to dwellings,…