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VENTRESCA v. VENTRESCA

182 Pa.Super. 248 (1956)

Ventresca, Appellant, v. Ventresca.

Superior Court of Pennsylvania.

November 13, 1956.

Attorney(s) appearing for the Case

Frederick C. Fiechter, Jr., with him Maurice Freedman and Freeman, Fox & Fiechter, for appellant.

Daniel Sherman, for appellees.

Before RHODES, P.J., GUNTHER, WRIGHT, WOODSIDE, ERVIN, and CARR, JJ. (HIRT, J., absent).

OPINION BY ERVIN, J., November 13, 1956:

The lower court confined to damages the remedy for a deliberate violation of a deed restriction which prohibited the erection of any building within five feet of the side lines of a lot. The defendants built a garage approximately three feet four inches from the side line which divided plaintiff's and defendants' properties. The plaintiff appealed.

The lower court found that soon after the excavation for the garage...

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