Price v. Lien
Supreme Court of Iowa
Appeal from Wright District Court. — Hon. J. L. Stevens, Judge. The plaintiff, and the defendant are owners of adjoining lots in the town of Eagle Grove Junction.
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Appeal from Wright District Court. — Hon. J. L. Stevens, Judge. The plaintiff, and the defendant are owners of adjoining lots in the town of Eagle Grove Junction. The averments of the petition are, in substance, that the parties made an oral agreement that a cellar should be excavated on the two lots; and, as each party contemplated the erection of a .building, it was a part of the agreement that a wall should be erected on the line between the lots to be used as a partition wall, the cellar and wall to be at the joint and equal expense of the parties; that the parties, in pursuance of the…
1Opinion of the CourtGranger, J.
I. The only evidence offered to prove the contract as to the erection of the wall was 1. Party Walls: contracts for: evidence: construction of statute. oral, and admitted against the objection of the defendant as incompetent. At the close oi the testimony the aerenaant moved the court to take the case from the jury, and render judgment for the defendant for costs, on the ground that there was no- legal evidence to support the plaintiff’s cause of action. The motion was overruled, and this action of the court was assigned as error. There is no question but that the wall in controversy is a…
2Cases cited3 opinions
- Rindge v. . BakerNew York Court of Appeals · 1874
- Wickersham v. OrrSupreme Court of Iowa · 1859
- Crapo v. CameronSupreme Court of Iowa · 1883
3Cited by1 opinion
- Hruska v. Rate EstateSupreme Court of Iowa · 1922