Jane Catharine Lattimer, Respondent v. Charles F. Livermore, Appellant

Summary

The Court affirmed the lower court's judgment granting an injunction against the defendant's proposed building extension, holding that a notice of intended covenant violation is sufficient to obtain equitable relief and that violations by other lot owners do not defeat the plaintiff's enforcement rights. The Court also found that changes in surrounding land use and the plaintiff's own prior breach did not extinguish her easement, though the latter may have reduced its scope, and therefore modified the judgment to protect the defendant's limited rights.