KAJOWSKI v. NULL


405 Pa. 589 (1962)

Kajowski v. Null, Appellant.

Supreme Court of Pennsylvania.

January 16, 1962.


Attorney(s) appearing for the Case

Walter G. Horowitz, for appellants.

A. Joseph Rieffel, for appellees.

Before BELL, C.J., MUSMANNO, JONES, COHEN, EAGEN and ALPERN, JJ.


OPINION BY MR. JUSTICE MUSMANNO, January 16, 1962:

During the last decade of the nineteenth century, William H. Higbee owned a large tract of land in Philadelphia County which he carved into lots and sold to various purchasers, the deed in each instance carrying a restrictive covenant as follows: "Under and subject nevertheless to the express condition and restriction that no tavern or building for the sale or manufacture of beer or liquor of any kind or description...

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