Roche v. Ullman
Illinois Supreme Court
Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding.
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Appeal from the Appellate Court for the First District; —heard in that court on appeal from the Superior Court of Cook county; the Hon. George Gardner, Judge, presiding. This is an appeal from a judgment of the Appellate Court for the First District, affirming a decree of the Superior Court of Cook county, wherein the appellant, Walter P. Boche, is charged personally, as the assignee of William M. Butler, with one-half the cost of a party wall constructed by appellee, under a written contract with Butler, upon the dividing line between adjacent lots in the city of Chicago, belonging,…
1Opinion of the CourtJustice Mulkey
By the agreement between Butler and Ullman the latter was authorized to build a party wall, the east half of which was to rest on Butler’s part of the lot, and the west half on Ullman’s, and it wTas expressly provided that when so built, Butler, upon payment of one-half the cost of its construction, should have the right to use the same, or such part of it as he might need, as a party wall for any building he might erect on his part of the lot. The legal effect of this agreement, upon its performance, was to give to each of the parties an easement on the other’s lot for the purpose of support…
2Cases cited5 opinions
- Maine v. CumstonMassachusetts Supreme Judicial Court · 1867
- Rindge v. . BakerNew York Court of Appeals · 1874
- Giles v. DugroThe Superior Court of New York City · 1852
- Weyman's Executors v. RingoldNew York Surrogate's Court · 1849
- Goodrich v. LincolnIllinois Supreme Court · 1879
3Cited by20 opinions
- Norcross v. JamesMassachusetts Supreme Judicial Court · 1885
- Conduitt v. RossIndiana Supreme Court · 1885
- Mackin v. HavenIllinois Supreme Court · 1900
- Gibson v. HoldenIllinois Supreme Court · 1885
- La Salle National Trust, N.A. v. Village of WestmontAppellate Court of Illinois · 1994
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