King v. Wight
Massachusetts Supreme Judicial Court
Contract, to recover for the use of a party wall. At the trial in the Superior Court, without a jury, before Mason, C. J., the following facts were agreed. On April 18, 1874, Eliza H. Pease and Frances A. Burt, be. ing owners of adjoining tracts of land on Worthington Street, in Springfield, entered into an agreement under seal, which was duly acknowledged and recorded, as follows: “It is agreed for valuable considerations moving between the parties as follows.
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Contract, to recover for the use of a party wall. At the trial in the Superior Court, without a jury, before Mason, C. J., the following facts were agreed. On April 18, 1874, Eliza H. Pease and Frances A. Burt, be. ing owners of adjoining tracts of land on Worthington Street, in Springfield, entered into an agreement under seal, which was duly acknowledged and recorded, as follows: “It is agreed for valuable considerations moving between the parties as follows. They are owners of adjoining lands on the northeasterly side of Worthington Street, in the city of Springfield, Mass. If either party…
1Opinion of the CourtMorton, J.
We can have no doubt that Mrs. Burt and Mrs. Pease intended by their agreement to bind and benefit their respective estates, into whosesoever hands they might come, and did not intend a merely personal contract between themselves. The structure to be built was to be permanent, and was designed to serve as a partition wall between two adjoining blocks, and was to stand one half on the land of each owner, and was to have flues where one party or the other, as the case might be, should direct. There was nothing which limited the building of the wall to the parties to the agreement, or during…
2Cases cited7 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
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- Martin v. DrinanMassachusetts Supreme Judicial Court · 1880
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