Rothholz v. Stern

The defendant has caused to be erected a "metal garage" upon his property at the northwest corner of Stanton place and Pacific avenue, Atlantic City, New Jersey.

The defendant's lot is a part of the land generally known as the "Hemsley Tract," and the particular restriction alleged to be violated is: "4. Private dwellings only shall be erected upon said premises, excepting, however, premises that may hereafter be reserved * * *" (the premises in question have not been reserved).

Although the affidavit of the defendant states the garage to be connected to his dwelling-house, counsel for him…