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LEH et al. v. BURKE et al.

231 Pa.Super. 98 (1974)

Leh et al. v. Burke et al., Appellants.

Superior Court of Pennsylvania.

December 11, 1974.

Attorney(s) appearing for the Case

Jacob S. Kolb, with him Kolb, Holland, Antonelli & Heffner, for appellant, at No. 912.

Henry S. Perkin, with him Frederick N. Nabhan, and Nabhan & Nabhan, for appellants, at No. 940.

Arthur T. Gillespie, Jr., with him William F. Kocher, Jr., and Gillespie & Gillespie, for appellees, at Nos. 912 and 940.

Before WATKINS, P.J., JACOBS, HOFFMAN, CERCONE, PRICE, VAN DER VOORT, and SPAETH, JJ.

OPINION BY JACOBS, J., December 11, 1974:

This appeal concerns a covenant in a deed from the plaintiffs Leh Brothers to the additional defendant Margaret Michell requiring the grantee and her assigns to pay a proportionate share of the expenses incurred in paving a road abutting the property conveyed. We conclude that Mrs. Michell's subsequent grantees, the Burkes, are bound by the covenant by virtue of their ownership of the abutting parcel of land at the time the...

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