Maine v. Cumston
Massachusetts Supreme Judicial Court
Contract for the cost of half of a division wall. In the superior court the following facts were agreed : On May 16,1859, the city of Boston, in consideration of a bond of William E. Blanchard for payment of a certain sum of money, executed a written agreement to convey to him, his heirs or assigns, a lot of land on Worcester Square, numbered 37 on a plan of similar (including the adjoining) lots owned by the city and not built upon, which agreement contained the following…
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Contract for the cost of half of a division wall. In the superior court the following facts were agreed : On May 16,1859, the city of Boston, in consideration of a bond of William E. Blanchard for payment of a certain sum of money, executed a written agreement to convey to him, his heirs or assigns, a lot of land on Worcester Square, numbered 37 on a plan of similar (including the adjoining) lots owned by the city and not built upon, which agreement contained the following condition : “ So long as said lot remains unoccupied by a building, the said Blanchard, his heirs and assigns, shall…
1Opinion of the CourtBigelow, C. J.
We have no doubt of the liability of the defendant for the cost of the partition wall which he made use of in constructing the house on the lot of land adjoining that of the plaintiff. The property in the whole wall passed to the plaintiff by the deed under which he claims title. So far as it was erected on land which belonged to the city and which the defendant agreed to purchase, it was placed there by consent of the city, the owner of the fee, under an agreement that it should there remain, as part of the house now belonging to the plaintiff, until it was used as a partition wall by the…
2Cases cited1 opinion
- Louisville & Frankfort Railroad v. BallardCourt of Appeals of Kentucky · 1859
3Cited by40 opinions
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Midland Railway Co. v. FisherIndiana Supreme Court · 1890
- Childs v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1912
- Conduitt v. RossIndiana Supreme Court · 1885
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