Beloit Building Co. v. Quinn

The opinion of the court was delivered by

Allen, J.:

The action was for the specific performance of a party-wall agreement. Judgment was rendered for the defendants, and plaintiff appeals.

This is the second chapter in the history of the litigation over this party-wall contract. See Beloit Bldg. Co. v. Quinn, 141 Kan. 408, 41 P. 2d 762, and opinion on rehearing, 141 Kan. 762, 44 P. 2d 232.

For a succinct statement of the facts we quote from our former opinion:

“The petition alleges that the original party-wall option contract was made and executed May 7, 1889, by the plaintiff as owner of the west…