Supplee v. Cohen
New Jersey Court of Chancery
Final hearing on hill for injunction. The bill seeks the enforcement of a restrictive building covenant, The covenant which complainants seek to enforce is found in a written agreement wherein defendants agreed to sell to complainant William C. Supplee a certain house and lot, and among other things covenanted that no building should be erected on vendors’ adjoining lot nearer than three feet from the line which separated the two lots.
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Final hearing on hill for injunction. The bill seeks the enforcement of a restrictive building covenant, The covenant which complainants seek to enforce is found in a written agreement wherein defendants agreed to sell to complainant William C. Supplee a certain house and lot, and among other things covenanted that no building should be erected on vendors’ adjoining lot nearer than three feet from the line which separated the two lots. Pursuant to the agreement of sale defendants subsequently conveyed the lot to complainant Helen E. Supplee, who is the wife of William C. Supplee, the…
1Opinion of the Court
Leaming, V. C.
The covenant contained in the agreement of sale, which covenant complainants now seek to enforce, is as follows:
“And further, the parties of the first part do hereby agree to and with the party of the second part that they shall so provide that no building shall be erected upon the lot adjoining said premises on the west, nearer than three feet from the party line between said lots.”
Defendants urge that the deed of .conveyance which was made pursuant to the agreement of sale was necessarily operative to discharge all obligations arising under the agreement of sale. .1 am unable…
2Cited by9 opinions
- Welton v. 40 East Oak St. Bldg. CorporationCourt of Appeals for the Seventh Circuit · 1934
- Dallas Land Loan Co. v. GarrettCourt of Appeals of Texas · 1925
- McCullough v. HartpenceNew Jersey Court of Chancery · 1948
- Gilpin v. Jacob Ellis Realties, Inc.New Jersey Superior Court Appellate Division · 1957
- Cutrona v. Columbus TheatreNew Jersey Court of Chancery · 1930
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