Trulock v. Parse
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; W. T. Wooldridge, Special ¡Chancellor; 1. Appellee cannot avoid the written instrument on the ground that Greenblatt did not sign it. “Want of mutuality, arising from the failure of both parties to sign, cannot be successfully pleaded as a defense by the party who did sign.” 29 Am, & Eng. Enc. of G. 858. It was signed by the party sought to -be charged, and Greenblatt unquestionably assented to it by his acts.
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Appeal from Jefferson Chancery Court; W. T. Wooldridge, Special ¡Chancellor; 1. Appellee cannot avoid the written instrument on the ground that Greenblatt did not sign it. “Want of mutuality, arising from the failure of both parties to sign, cannot be successfully pleaded as a defense by the party who did sign.” 29 Am, & Eng. Enc. of G. 858. It was signed by the party sought to -be charged, and Greenblatt unquestionably assented to it by his acts. Id. 860. This court has held that suoh agreements run with the land. 93 S. W. 570. • 2. Being a -party wall, defendant had the right to use it,…
1Opinion of the CourtMcCurroch, J.
Appellant and appellee are the several owners of adjoining 1-ots in the city of Pine Bluff, and each lot is -covered by -a brick building. The buildings were each originally one-story -in height, and the north wall of plaintiff’s building was used by the owner of the -other building .as its south wall. Subsequently appellee added another story to her building. Appellant is now about to add -another story to h-is building, and claims the right, in so doing, to use the upper wall constructed by appellee. This suit was instituted by appellee against appellant to restrain him from -cutting into…
2Cases cited1 opinion
- Guttenberger v. WoodsCalifornia Supreme Court · 1876
3Cited by3 opinions
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Evans v. PettusSupreme Court of Arkansas · 1914
- Fulks v. FredemanSupreme Court of Arkansas · 1954