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JONES v. PARK LANE FOR CONVALESCENTS

384 Pa. 268 (1956)

Jones, Appellant, v. Park Lane For Convalescents, Inc.

Supreme Court of Pennsylvania.

February 6, 1956.

Attorney(s) appearing for the Case

Lewis H. Van Dusen, Jr., with him John E. Walsh, Albert M. Hoyt, Jr. and Drinker, Biddle & Reath, for appellant.

Simon Pearl, with him Maxwell E. Verlin, for appellees.

Before STERN, C.J., STEARNE, JONES, BELL, MUSMANNO and ARNOLD, JJ.

OPINION BY MR. CHIEF JUSTICE HORACE STERN, February 6, 1956:

Plaintiff appeals from the refusal of the court below to enjoin an intended use of defendant's1 property on the ground that it would constitute a violation of a restriction in the title deeds.

Plaintiff is the owner of premises fronting on the southwesterly side of Wissahickon Avenue in the 22nd Ward of the City of Philadelphia, a portion of which he acquired in 1914...

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