269 Pa. 251 | Pa. | 1920
Opinion by
What has been said in the case, Phillips v. Donaldson, 269 Pa. 244, would apply to this appeal but for the laches of appellee.
In 1909 the old church building, located on Eidge avenue and referred to in the former appeal, was leased and turned into a garage, principally for storage purposes. The lease and business changed ownership and the real estate was purchased from the church in 1912. In 1917 a new lease was. made to the present tenant for a term of five years. When the appellee, Dunseith, purchased the property, it had been used as a garage for three years. He knew of the building restriction, but it was quite natural that he should assume the owners of dominant estates were satisfied the garage wás not in violation of the covenant. It was openly conducted in plain.view of such owners without protest. The appellants, if not having actual, had at least constructive notice of the limitation imposed, and, if they had wished
In this appeal the bill will be reinstated with direction to issue the preliminary injunction as prayed for, modified to permit appellees to conduct the business in the way it was done a few months before this bill was filed; the costs in this case to be equally divided between the parties.