Schulman v. Ellenville Electric Co.

This action has been submitted on an agreed statement of facts. The question involved is whether the following clause in a deed from the common grantors of the parties to their predecessors in title is to be treated as a condition subsequent or a restrictive covenant running with the land: “ Provided, however, and this conveyance is made and accepted upon the express condition that no building or part of any building shall be placed upon the said lot or any part thereof within twenty-five (25) feet of the sidewalk on Main Street aforesaid; and on the further condition that no posts or poles…