Rindge v. . Baker
New York Court of Appeals
AppEAL,from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. This action was brought by plaintiff to recover one-half the expense of building a party wall between the premises of the parties.
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AppEAL,from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial, and directing judgment upon a verdict. This action was brought by plaintiff to recover one-half the expense of building a party wall between the premises of the parties. Plaintiff was the owner of a lot of ground adjoining one owned by the defendant in the village of Norwich, Chenango county, and being respectively desirous of improving their grounds by the erection of buildings thereon, they agreed by paroi, in April,…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The contract, under which the parties commenced and proceeded in the construction of the party wall, was for an interest in land, an easement which could not have been acquired by parol; and the defendant's failure to perform it, however injurious that failure may have been to the plaintiff, would not, had the contract remained wholly unexecuted, have afforded him a cause of action. But, the defendant having proceeded with the plaintiff in its execution, so far…
2Cases cited2 opinions
- Norton v. CoonsNew York Supreme Court · 1846
- Malins v. . BrownNew York Court of Appeals · 1850
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- Sharp v. CheathamSupreme Court of Missouri · 1885
- Roche v. UllmanIllinois Supreme Court · 1882
- Blum v. Good Humor Corp.Appellate Division of the Supreme Court of the State of New York · 1977
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