Smith v. Howard

*251Opinion op the 'Court by

Turner, Commissioner

Affirming in part and reversing in part as to Kelsey and reversing as to Smith.

In 1919 appellee Howard was the owner of a lot on Depot street in Corbin, Ky., fronting 44 feet on that street. . On it was a two-story brick building covering the whole of the frontage of the lot, except four inches on the north where it adjoined appellant Smith’s lot. Smith owned a lot fronting 1Ó5 feet on Depot street adjoining that of appellee, and desiring to erect a three-story brick building on his lot entered into a contract with appellant, Kelsey, a builder and…