Sailer v. Podolski
New Jersey Court of Chancery
On final hearing on bill for injunction to restrain violation of restrictive building covenants.
1Opinion of the Court
Leaming, V. C.
The restrictive building covenants which this suit seeks to enforce are quoted in Sailer v. Podolski, 81 N. J. Eq. (11 Buch.) 327. That preliminary hearing proceeded upon the then uncontroverted assumption that these covenants formed a part of a general scheme for the development of the tract; for that reason complainant’s right to enforce the covenants was not then questioned.
The proofs taken at final hearing disclose that these covenants cannot be sustained and enforced upon the theory of a general scheme of development.
In the year 1901 Petrol? and Newton owned a wild tract of…
2Cited by13 opinions
- Werner v. GrahamCalifornia Supreme Court · 1919
- Davis v. . RobinsonSupreme Court of North Carolina · 1925
- Bauby v. KrasowSupreme Court of Connecticut · 1927
- Pierson v. CanfieldCourt of Appeals of Texas · 1925
- Olson v. JantauschNew Jersey Superior Court Appellate Division · 1957
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