Morris v. Burr

The plaintiff and one Swimm were, a.t one time, owners of adjoining lots in Brooklyn. In October, 1891, they entered into a written agreement, under seal, providing for the erection of a party wall on the dividing line of their respective premises. This agreement provided that the plaintiff should build the party wall and that Swimm or his grantees, assigns or legal representatives might use *260it at any time after its construction, upon payment of the sum of $200 to the plaintiff. Swimm agreed expressly as follows: “ The party of the second part hereby agrees for himself, his grantees, assigns…