Roberts v. Gerber

The following opinion was filed March 10, 1925:

Eschweiler, J.

The trial court' held that the plan proposed by the defendant Gerber in the laying out and disposing of lot 3 was a violation of the letter and spirit of the restrictive covenants which became attached to the land by the agreement of Johnston and Weiss in 1892, set forth in the foregoing statement of facts, and of which covenants and conditions defendant Gerber and those purchasing from him all had both constructive and actual notice prior to their starting to build their respective residences. He also in effect held that Gerber’s…