Clark v. Jammes
New York Supreme Court
Appeal from special term, New York county. Action by Harriet S. A. Clark against Albert F. Jammes and another. From an order, granting an injunction, defendants appeal.
1Opinion of the CourtVan Brunt, P. J.
We think that the difficulty in the maintenance of the order appealed from is in the covenant contained in the agreement which forms.the basis of the injunction. It seems to be assumed that this restrictive covenant prevents the occupation of any building which may be erected upon the premises therein described for any use except that of dwelling houses or private stables. In the construction of restrictive- covenants of this kind, it must be borne in mind that they are to be construed most strictly against the covenant; and, unless the thing sought to be enjoined is plainly within the…
2Cited by27 opinions
- Davis v. RobinsonSupreme Court of North Carolina · 1925
- Easterbrook v. Hebrew Ladies Orphan SocietySupreme Court of Connecticut · 1912
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Schoonmaker v. HeckscherAppellate Division of the Supreme Court of the State of New York · 1916
- Scott Co. v. Roman Catholic ArchbishopOregon Supreme Court · 1917
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