Merchants Bank v. Foster
Supreme Court of Alabama
Appeal from Lauderdale Circuit Court. Tried before Hon. T. R. Roulhac. Action by the Merchants’ Bank of Florence against J. E. Foster for contribution for expenses paid by the plaintiff for repairing partition wall. The suit was commenced in justice court where judgment went for the plaintiff. Defendant appealed to circuit court, and in that court the defendant demurred to the complaint.
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Appeal from Lauderdale Circuit Court. Tried before Hon. T. R. Roulhac. Action by the Merchants’ Bank of Florence against J. E. Foster for contribution for expenses paid by the plaintiff for repairing partition wall. The suit was commenced in justice court where judgment went for the plaintiff. Defendant appealed to circuit court, and in that court the defendant demurred to the complaint. Demurrer was sustained, and plaintiff declining to amend, judgment final was rendered on the demurrer. (1). If there be a party wall between two houses, each owner is bound to contribute to repairs. —…
1Opinion of the CourtSharpe, J.
— This action is based upon a supposed obligation on the part of the defendant to pay to the plaintiff a proportionate part of the cost of repairs made by him on a partition Avail.
In the absence of statute creating a liability to contribute to such expenditures, a recovery can only be had at law in such case upon the theory and fact of a contract express or implied. To sIioav a contract existing by implication only, the circumstances must as in other cases, be such as to give rise to a reasonable inference of an understanding betAveen the parties that the party sought to be charged Avould…
2Cases cited8 opinions
- Day v. CatonMassachusetts Supreme Judicial Court · 1876
- Calvert v. AldrichMassachusetts Supreme Judicial Court · 1868
- Graves v. SmithSupreme Court of Alabama · 1888
- Antomarchi's v. RussellSupreme Court of Alabama · 1879
- Wilton v. TazwellIllinois Supreme Court · 1877
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