Southworth v. Perring

The opinion of the court was delivered by

Mason, J.:

In 1885 the respective owners of two adjoining lots entered into a written contract, by the terms of which it was agreed that one of them, who was about to erect a brick-and-stone building upon his lot, should place one of the walls upon the dividing line, and that when the other should build he would use this wall as a division wall, and pay him half its value. The agreement concluded with these words:

“The parties hereto bind and obligate their heirs, executors, administrators and assigns to the fulfilment of all the terms and covenants of…