Ward v. McCarthy

The common grantor, the West Roekaway Land Company, was without power, by subsequent action, to change or modify the written terms of the covenant contained in its deeds to the premises in question, after it had parted with the title thereto. (Gutting v. Eiermann, 165 App. Div. 916.) It follows that the judgment must be reversed upon the law, and the complaint dismissed, with costs. Findings of fact numbers 5, 15, 16, 17, 19 and 20, and conclusions of law numbers 1 and 2 are reversed, and in their place and stead the following are found: Findings 10, 11, 12, 13 and 14 of defendant’s proposed…