Ross v. Wellington Lodge No. 133

The opinion of the court was delivered by

Porter, J.:

The plaintiff' was the owner of lot 23, and the Wellington Lodge of Odd Fellows was the owner of lot 24, in block 54 of the city of Wellington, and the two parties being desirous of erecting a two-story building upon these lots, in accordance with the plans and specifications adopted by them, entered into a written agreement which contained the following provision:

“Now, therefore, in consideration of the premises, it is hereby agreed and understood by and on behalf of each of the párties hereto that one-half of all of the expense of every…