Wickersham v. Orr
Supreme Court of Iowa
Appeal from Scott District Court. Plaintiff seeks to recover for one-half of a wall built by him. The petition contains three counts.
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Appeal from Scott District Court. Plaintiff seeks to recover for one-half of a wall built by him. The petition contains three counts. The first alleges that in 1854, plaintiff was the owner of the north part of a lot in the city of Davenport, and one Leslie, the owner of the part adjoining in the south; that in that year plaintiff erected a house upon his part of the lot, one half of the south wall of which, with the permission of said Leslie, was placed and rested upon the land of said Leslie; that in 1856, the defendant then being the owner of the said south part, erected thereon a brick…
1Opinion of the CourtWright, C. J.
Plaintiff proposed to prove by a witness, a verbal contract between Hicks and Wickersham and defendant, made in the summer of 1856, in relation to the terms upon which defendant had permission to use the wall. This was objected to upon the ground that it was a contract rela*258ting to a party wall, and as snob should have been in writing. The objection was overruled, and defendant excepted.
To sustain this exception, appellant relies upon section 12, chapter 86, page 182, Laws 1855.. This section evidently refers to the special agreements therein specified, and not to such as in no manner differ…
2Cases cited2 opinions
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- Osgood v. HowardSupreme Judicial Court of Maine · 1830
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- Metcalf v. HartWyoming Supreme Court · 1891
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- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
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