Penniman v. Hoffman

Citations

• 262 Pa. 100
• 104 A. 892
• 1918 Pa. LEXIS 597

Syllabus

<p>Equity — Building restrictions — Garage—Residential district— Decree.</p> <p>Where in a suit in equity to enjoin defendants, from erecting a garage in alleged violation of a building restriction providing that “no......livery stable or other building for offensive occupation shall at any time hereafter be erected or used upon any part of the aforesaid lot of ground,” a preliminary injunction was granted, prohibiting defendants from using or permitting the use of any of the buildings described in the bill for the purpose of a public garage or storage house for automobiles; and thereafter defendants continued the erection of the buildings complained of, the court made no error on final hearing in refusing to decree the removal of the buildings, as the character of the architecture of the building erected upon the land was one over which the court could not exercise supervision; it could only act when the use to which the building was put became offensive.</p>