Gagliardi v. Shender

Sporkin, J.,

Plaintiffs’1 complaint in equity prays for an injunction to restrain defendants, Rose Shender and Robert Shender,2 from constructing an apartment house on premises 5017 Wissahickon Avenue, Philadelphia, Pennsylvania.

Plaintiffs’ cause of action is based upon a restrictive covenant contained in a deed from the common grantor of premises 5017 Wissahickon Avenue, and of the respective properties owned by plaintiffs. Certain other bases for relief averred in their complaint were withdrawn by plaintiffs at the trial.

*166Defendants filed an answer, denying that premises 5017 Wissahickon…