| Venue: | NY Ct. App. |
| Facts: | Restrictions on commercial activities at some property. An elevated train has been put in right there, so you can't seriously use it as a "dwelling-house" any more. |
| Posture: | Verdict in favor of enforcing the restriction at trial. |
| Issue: | Should the restriction continue? |
| Holding: | No. Reversed. |
| Rule: | When nothing good can come of enforcing a restriction, we're not going to enforce it. |
| Reasoning: | Enforcement of the covenant would defeat the ends contemplated by the parties. The contract was fine when it was made, but the area has really changed. |
| Dicta: | |