Mellon v. Oliver's Estate

Citations

• 256 Pa. 209
• 100 A. 796
• 1917 Pa. LEXIS 588

Syllabus

<p>Equity — Deeds — Building restrictions — Alleys — Covenants— Breach — Remedy at law- — -Injunction.</p> <p>1. The owners of two adjoining lots covenanted “to leave four and a half feet” of each o'f their lots so as to form an alley nine feet wide between them, “for the convenience of each other and the Borough of Pittsburgh and the citizens thereof forever; to be kept free and open from all obstruction whatsoever”; and for the true performance of such agreement both parties bound themselves in the penal sum of $200, to be paid to the party “performant” by the party “delinquent.” The dedication of the alley was never accepted by the borough, but the alley was opened and used by the successors in title of the parties to the agreement. The defendants, owners of property on either side of the alley, attempted to connect their buildings by a structure thereover at a height of 17% feet above the surface. Plaintiff, another property owner on the alley and a successor in title to one of the parties to the agreement, brought a bill in equity to prevent the building of the contemplated structure. Meld, an injunction was properly awarded granting the relief prayed for.</p> <p>2. In such case, the penalty fixed by the agreement for breach of the covenants was intended solely as additional security for the performance of the covenants and not as a substitute for performance, and did not operate to deprive plaintiff of his remedy in equity.</p>