Legal Opinion
Ellensburg Lodge No. 20 v. Collins
Washington Supreme Court
Decided April 8, 1912No. 9703PublishedCited by 1 opinion
Appeal from a judgment of the superior court for Kittitas county, Kauffman, J., entered March 22, 1911, in favor of the plaintiff, upon overruling a demurrer to the complaint, in an action upon a party-wall agreement.
1Opinion of the CourtCrow, J.
This action was commenced by Ellensburg Lodge No. 20, Independent Order of Odd Fellows, a corporation, against C. L. Collins and Della Collins, his wife, to recover one-half of the value of a party wall. The complaint alleged that, on May 16, 1889, Simeon W. Maxey and W. W. Fish, as separate owners of two adjoining lots in the city of Ellensburg, with their respective wives, executed a written contract, material portions of which read as follows:
“It is mutually agreed by and between the parties to this agreement that the said parties or either of them desiring to erect brick buildings on the…
2Cases cited5 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Cox v. DickieWashington Supreme Court · 1908
- Adams v. NobleMichigan Supreme Court · 1899
- Hoffman v. DicksonWashington Supreme Court · 1907
- Sandberg v. RowlandWashington Supreme Court · 1908
3Cited by1 opinion
- Mutual Home Ass'n v. Joe's Bay Trading Co.Washington Supreme Court · 1913