Phillips v. Donaldson

Citations

• 269 Pa. 244
• 112 A. 236
• 1920 Pa. LEXIS 794

Syllabus

<p>Deeds — Covenants—Building restriction — Offensive business— Garage — Nuisance—Equity—Injunction—Laches—Waiver.</p> <p>1. Where a deed for a lot of land in a plan of lots in a residential district, contains a covenant that the grantee and his successors shall not conduct upon the lot “any noxious, or offensive trade, ......to the hurt, damage or annoyance of others” who may purchase in said plan, equity will restrain the operation of a public garage on a lot in the plan, where the residential character of the district has not materially changed, and evidence shows that the maintenance of such garage will be a “hurt, damage or annoyance” to the lot holders.</p> <p>2. The covenant was not so much against a public nuisance as •against “hurt, damage or annoyance.” To hold that proof of its infraction must measure up to that required for a public nuisance, would place the grantee in no better position than any other person in the locality, which was manifestly not the intention of the grantor.</p> <p>3. In such case, it is not necessary that the community, or a majority of the lot owners whose rights are affected, should complain of the particular violation.</p> <p>4. If the lot owners instituted their action promptly, they cannot ■be charged with laches, although they may have been gilent for a time.</p> <p>5. An offer to sell is not a waiver of their right as lot owners.</p>