Blum Bros. v. Berg

Citations

• 57 Pa. Super. 332
• 1914 Pa. Super. LEXIS 200

Syllabus

<p>Deed, — Covenant—Restriction on use of building — Injunction—Mandatory injunction — Remedy at law — Equity.</p> <p>1. Where the owner of a large building leases the upper stories thereof to the proprietors of a department store, and in the lease covenants that he.will not break through, or suffer anyone else to break through the west wall of the building during the continuance of the lease, and subsequently after the death of the owner his executors sell the building to the proprietors of another department store who had already leased the lower floors and basement, and the deed recites that it is subject to the covenants contained in the lease of the upper floors, the grantees are bound by the covenants, and if they open an aperture through the west wall of the building in the basement, they will be restrained by injunction from committing any similar act in the future; but a mandatory injunction will not be awarded to compel them to close up the aperture if it appears that no actual injury was caused by the opening of the aperture, except the cost of filling it up which would be about $25.00.</p> <p>2. In such a case the defendants cannot set up as a defense against a restraining injunction that the plaintiffs had made openings in the east wall of the upper floors of the building so as to connect these floors with another building also occupied by them, if it appears that the owner of the building in his lifetime, and before the occupancy of the defendants, had given permission for such openings to be made.</p>