Dollman v. Pauley

Appellant predicates his action against appellee upon two paragraphs of complaint: the first paragraph upon breach of contract, the second paragraph upon tort, both of which complaints were founded upon injuries to property.

Appellant alleged by his first paragraph of complaint that he owned a four-story brick building which is used for business purposes, and the real estate upon which this building rested. Appellee undertook to erect a four-story reinforced concrete building on his land which was south of and adjacent to appellant’s land and building. To construct appellee’s building, it…