Shaw v. Hitchcock
Massachusetts Supreme Judicial Court
Contract to recover one half the value of a party wall, which it was alleged the defendant had used, and which had been built by the plaintiff under an indenture under seal executed by him and by the defendant on January 17,1873, the material parts of which are as follows : “ This indenture witnesseth, that the said Shaw and the said Hitchcock, in consideration of one dollar, and in consideration of the benefits to be derived from the mutual agreements and covenants of each…
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Contract to recover one half the value of a party wall, which it was alleged the defendant had used, and which had been built by the plaintiff under an indenture under seal executed by him and by the defendant on January 17,1873, the material parts of which are as follows : “ This indenture witnesseth, that the said Shaw and the said Hitchcock, in consideration of one dollar, and in consideration of the benefits to be derived from the mutual agreements and covenants of each hereinafter contained, do hereby covenant and agree each with the other, that either party or their legal…
1Opinion of the CourtColt, J.
The contract which is relied on to support the plaintiff’s claim to recover one half the value of the partition wall, must be interpreted by the actual condition of the property of the parties at the time the agreement was made. They owned adjoining lots. The plaintiff’s lot was vacant. The defendant’s lot was occupied by a building one story high, which was of brick on all sides except the one next the plaintiff’s lot. On that side it was of wood, and rested, by permission, on the plaintiff’s land. The plaintiff’s purpose was to erect a building on his own land which should be four stories…
2Cited by5 opinions
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