Mishkin v. Temple Beth El

Opinion by

Mr. Justice Eagen,

This appeal is from a final decree entered in the court below enjoining the defendant from continuing the construction of a fire tower on its property in the city of Lancaster, allegedly in violation of a building restriction included in a deed and agreement in the defendant’s chain of title, and ordering the defendant to remove that portion of the fire toAver already constructed.

The building restriction Avhich the fire tower is claimed to Adolate Avas created in a transaction betAveen the prior OAvners of plaintiff’s and defendant’s abutting properties. In 1904…