Phillips v. Donaldson
Supreme Court of Pennsylvania
Appeal, No. 61, Oct. T., 1920, by plaintiffs, from decree of O. P. Allegheny Co., Oct. T., 1917, No. 1345, dismissing bill in equity, in case of Henry A. Phillips et al. v. Thomas Donaldson. Bill in equity for an injunction to restrain the operation of a public garage. Before Wasson, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed.
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Appeal, No. 61, Oct. T., 1920, by plaintiffs, from decree of O. P. Allegheny Co., Oct. T., 1917, No. 1345, dismissing bill in equity, in case of Henry A. Phillips et al. v. Thomas Donaldson. Bill in equity for an injunction to restrain the operation of a public garage. Before Wasson, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed. Errors assigned, among others, were above decree, quoting it, and refusal of plaintiff’s seventh request, stated in the opinion of the Supreme Court, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
This case comes to us from a decree dismissing a preliminary injunction restraining defendant from operating a public garage in violation of a covenant in a deed, which reads as follows: “The grantee doth moreover for himself, his heirs and assigns, covenant and *246agree to and with the said parties of the first part that they will not, at any time hereafter, set np, establish, conduct or carry on upon the premises hereby granted, or any part thereof, any noxious or offensive trade, business or employment, to the hurt, damage or annoyance of others who have…
2Cases cited7 opinions
- Landell v. HamiltonSupreme Court of Pennsylvania · 1896
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