McCarter v. New Rochelle Homestead Co.

On September 8, 1923, the plaintiff by deed purchased from the defendant a parcel of real estate situated on Davenport Neck in the city of New Rochelle, N. Y. Said deed contained the following: “4. It is covenanted and agreed that the above described property, or any part thereof, shall prior to the 1st day of January, 1943, be used for residential purposes only, and shall' not be used for any business or commercial purpose whatsoever. This covenant shall be construed to be a real covenant running with the land and shall be inserted in all future conveyances of the property and shall inure to…