Underwood v. Herman & Co.

The opinion of the court was delivered by

Minturn, J.

The bill was filed to enforce the following building restriction:

“The said party of the second part for himself, his heirs and assigns, doth covenant to and with the said party of the first part, their heirs, executors and administrators, that neither the said party of the second part, nor his heirs or assigns, shall or will at any time hereafter erect upon said lot any building other than a dwelling-house and its appropriate buildings, the said dwelling-house to cost in no case less than three *354thousand dollars, and to be located at least…