Gatzmer v. St. Vincent School Society

Citations

• 147 Pa. 313
• 23 A. 452
• 1892 Pa. LEXIS 839

Syllabus

<p>Equity — Injunction—Doubtful rights.</p> <p>A mandatory injunction will not be issued where complainants’ rights are not clear.</p> <p>Covenants — Building restrictions — Laches.</p> <p>Defendants owned land subject to a covenant that “*no manufactory, workshop, steam-engine house, smith shop, .... or other building for offensive purposes or occupation, or building of any kind to be used for any purpose other than as and for a genteel cottage or dwelling house, stable or coach house, shall ever be built ” on the land. The lessees of defendant, a boat club, built on the land a boat house, club house and a small building used as.a carpenter shop for repairing boats. These buildings were completed in September, 1887. Notice to remove the buildings was not given by the complainant until January, 1889. Held, that the complainants were not entitled to a mandatory injunction.</p>