Schneider v. Hans

In this action the plaintiff prays for a judgment enjoining- the maintenance, and directing the removal, of a chimney flue from a party wall insofar as it encroaches on the plaintiff’s property.

The evidence shows that the parties own adjoining buildings which they purchased in February, 1953, from a common owner. Prior to the sale, both buildings and a third building retained by the seller were heated by one oil burner located on the defendant’s premises. It was expressly provided in the contract of sale in which the parties herein were the purchasers that the defendant would (1) “ keep and…