Snow v. Van Dam

291 Mass. 477, 197 N.E. 224 (1935)

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Nature of the Case

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Facts

Shackleford owned a parcel of land that was purchased under a development plan. The majority of the land was divided into separate lots, and restricted for residential housing; 'only one dwelling house shall be erected or maintained thereon at any given time which building costs not less than $2,500 and no outbuilding containing a privy shall be erected or maintained on said parcel without the consent in writing of the grantor...'. Van Dam (D) bought one of the parcels and built a commercial building for the sale of ice cream and dairy products. Snow (P) had purchased one of the original individual lots that was restricted to residential housing. P brought suit to enjoin D from violating the restrictions that were placed on his lot by the developer. The decree was granted. D appealed.