OLSON v. JANTAUSCH


44 N.J. Super. 380 (1957)

130 A.2d 650

LAWRENCE OLSON, HELEN W. OLSON, J. IRVING POTTER AND PHYLLIS L. POTTER, PLAINTIFFS-RESPONDENTS, v. ARTHUR J. JANTAUSCH AND ANN M. JANTAUSCH, HIS WIFE, DEFENDANTS-APPELLANTS.

Superior Court of New Jersey, Appellate Division.

Decided March 28, 1957.


Attorney(s) appearing for the Case

Mr. John W. Lebeda argued the cause for appellants.

Mr. George Buermann argued the cause for respondents (Messrs. Boyd, Dodd, Keer & Booth, attorneys).

Before Judges GOLDMANN, FREUND and CONFORD.


The opinion of the court was delivered by GOLDMANN, S.J.A.D.

Plaintiffs sought an injunction restraining defendants from using any part of their premises as a beauty parlor or for any other purpose than a single-family dwelling. The action was based upon a certain restrictive covenant appearing in the chains of title of the respective parties. Defendants challenged the validity and enforceability of the restriction, setting up the defenses of estoppel, laches, absence...

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