Whittenburg v. J. C. Penney Co.

This suit involved a controversy over a party wall. J. C. Penney Company filed this suit against H. E. Whittenburg and wife and the Rio Grande Securities, Inc., to recover one-half the cost of constructing a party wall which it had erected at its own expense, standing one-half on Lot 6, owned by plaintiff, and one-half on Lot 5, owned by defendants. The wall was built pursuant to an oral agreement between plaintiff and defendants’ predecessors in title, wherein it was agreed that the latter, or their assigns, would pay one-half the cost of constructing the wall, should they or their grantees…