Paine v. Bergrose Development Corp.

Plaintiff brings this action to permanently enjoin the contemplated violation of a restrictive covenant. The properties of the plaintiff and defendant were originally laid out in one development wherein a uniform restriction was imposed against the use and occupation of either of said premises for any business or for any purpose other than for a private dwelling. It is conceded that the defendant has altered his private dwelling by installing in the third floor thereof living quarters for a second family, and it is conceded that he intends to rent this additional apartment to another family.…