Cashvan v. Darling

Seitz, Chancellor:

By this declaratory judgment action and the counterclaims of certain individual defendants the court is required to *572determine whether certain land is subject to restrictions of a type which would prevent plaintiff from using the land for the erection of so-called garden type apartments.

On September 4, 1953, plaintiff Hyman Cashvan entered into a contract with one of the defendants, J. Frank Darling, whereby plaintiff agreed to purchase from Darling all of the issued and outstanding capital stock of defendant Castle Construction Co. (called “Castle”), of Glen Homes Co.…