Brown v. . McKee
New York Court of Appeals
This was an action to compel defendant to pay one-half the value of a party-wall, and to restrain the use thereof by him until such payment was made. In 1854, David McMaster and William A. Oummings were the owners of adjoining premises in the city of New •York. They entered into an oral agreement; this was embodied in a draft, by which the former was to erect a party-wall upon the line of their lots, one-half on each.
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This was an action to compel defendant to pay one-half the value of a party-wall, and to restrain the use thereof by him until such payment was made. In 1854, David McMaster and William A. Oummings were the owners of adjoining premises in the city of New •York. They entered into an oral agreement; this was embodied in a draft, by which the former was to erect a party-wall upon the line of their lots, one-half on each. If the latter, his heirs or assigns, at any time thereafter used the wall, he or they were to pay the value of one half of such part of the wall as should be used, to be…
1Opinion of the Court
Earl, C.,
reads for affirmance; Lott, Ch. C., and Reynolds, C., cpneur.
Dwight, C.,
reads for reversal. Gray, C., not voting.
Judgment affirmed.
2Cited by5 opinions
- Conduitt v. RossIndiana Supreme Court · 1885
- Scott v. . McMillanNew York Court of Appeals · 1879
- Mohr v. ParmeleeThe Superior Court of New York City · 1878
- Mahoney v. Lapowski Bros.Court of Appeals of Texas · 1887
- Squires v. PinkneyCity of New York Municipal Court · 1888