105 N.J. Eq. 122 | N.J. Ct. of Ch. | 1929
This matter is now before the court on defendants' application to strike the bill of complaint. The ground urged therefor is that the bill does not disclose upon its face an equitable cause of action. The bill alleges that the defendant Reis Reis entered into a contract with the defendant Jersey City District Missionary Society of the Methodist Episcopal Church for the sale to said society of lands described in the bill, and that such lands are subject to certain restrictive covenants mentioned in the bill. Paragraph 4 of the bill alleges that either the defendant Reis Reis or the defendant Jersey City Missionary Society of the Methodist Episcopal Church, through their agent, obtained a building permit, and filed plans and specifications for the erection of a church upon said lands. The complainant anticipates that the defendants, or either thereof, contemplate the erection of a church upon said lands. Aside from the fact that the bill does not disclose an equitable cause of action, the complainant cannot reasonably urge that the covenants which he fears are to be violated warrant the prohibition of the erection of a church on the aforesaid premises. A church is a place where persons regularly assemble for worship. 11 Corp. Jur.763. The particular restriction which the complainant fears is about to be violated is that indicated by subdivision (b) of *124
paragraph 6 of the bill: "Not more than one (1) house shall be erected on each lot of fifty-feet frontage, nor shall any such house be designed for use by more than one (1) family." Subdivisions (c), (d) and (e) considered in connection with subdivison (b) above quoted do not sustain the contention of the complainant that the prohibition of the erection of a church was contemplated by the parties who entered into the covenant in question. The court is required to glean the intention of the parties to such a covenant from a reading of the entire context, and, where the meaning is doubtful, by considering such matters as the parties are presumed to have had in mind when they agreed thereto, as well as the object of the restriction. 18 Corp. Jur.386 § 450. The court cannot read into the covenant a restriction which the parties did not expressly agree to. InTrainer v. Calef,
I will advise an order striking the bill of complaint, without costs.