Ocean City Land Co. v. Weber

Leaming, Y. C.

I am convinced that complainant’s right to the form of relief here sought cannot be said to be established with that degree of certainty which is necessary in cases of this class. Fortesque v. Carroll, 76 N. J. Eq. 583; Meaney v. Stork, 80 N. J. Eq. 60; Goater v. Ely, 80 N. J. Eq. 40.

1. The language of the restrictive building covenant which complainant seeks to enforce if not of doubtful meaning is at least calculated to mislead. The reference in the covenant to “said avenue,” following a description of lots at the corner of a block which specifically refers to “Corinthian…