Albright v. Riker

Smith, J.:

The action was commenced by the plaintiff’s intestate, Abrahaip Albright, and on his death, the present plaintiff was substituted ip his place. The complaint alleged an agreement by the defendant, to build and keep in repair a division fence between his land and the land of the intestate, and it demanded specific performance. and damages for a breach of the agreement. The complaint, alleged that the said agreement was a part of the consideration of a deed of land executed by the intestate to the defendant, as school district trustee, and was incorporated in the said deed. The deed…