Zelman v. Kaufherr

Stevens, Y. C.

This is a suit for specific performance of a contract to purchase real estate in Newark. The only defence made is that in the deed from Emily Martin, the complainants’ grantor, to the complainant, there is a restriction “that dwellings are the only buildings to be erected on the front portion of said lots * * * and shall be kept back ten feet from the street line.” The aver*53ment of the answer is that the complainant erected buildings six feet from the street line and that it would, therefore, be hazardous for her to accept a conveyance.

It is not averred in the answer that Mrs.…