Walker

This is an action to enjoin the violation of a certain covenant or restriction in a deed to defendant Mary M. Haslett, whereby she covenanted that, until January 1, 1925, the premises granted to her shall be used for residence purposes only, that “no building or structure whatever, other than a first-class private residence of at least two full stories in height, with customary outbuildings, including a private garage, shall be erected, placed or permitted on said premises or any part thereof,” and that “any such residence shall cost and be fairly worth not less than five thousand dollars.” The grantee constructed on the premises what is commonly known as a “double” house, or a “duplex” or two-family residence, that can conveniently be used by two families living entirely separate and apart from each other. The principal question is, Does the building violate the covenant not to erect, place, or permit on the premises any building other than a first-class “private residence”?

From a judgment declaring that defendants have not violated the restriction, and adjudging that plaintiff is not entitled to any relief whatever, this appeal is taken.

The defendant Haslett is the only…