Fortesque v. Carroll
Supreme Court of New Jersey
On appeal from a decree of the court of chancery advised by Vice-Chancellor Learning, whose opinion is reported in 75 Atl. Rep. 97S.
1Opinion of the Court
The opinion of the court was delivered by
Garrison, J.
This is an injunction bill to enforce a restrictive covenant in these words: “Not more than one building shall be erected on a single lot as mapped on plan.”
We agree with the-learned vice-chancellor that the respondents may enforce this covenant if it is being violated. The question therefore is whether or not the appellant was erecting more than one building on his lot. This is a question of fact. The structure in controversy as regards its exterior walls, foundation and roof was one building, while the space thus included might be…
2Cited by32 opinions
- Wallace v. St. ClairWest Virginia Supreme Court · 1962
- University City, Mo. v. Home Fire & Marine Ins. Co.Court of Appeals for the Eighth Circuit · 1940
- Casterton v. PlotkinMichigan Supreme Court · 1915
- Caullett v. Stanley Stilwell & Sons, Inc.New Jersey Superior Court Appellate Division · 1961
- Whitehurst v. BurgessSupreme Court of Virginia · 1921
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