First National Bank of Emmett v. Cruickshank

— The parties to this action were the owners of adjacent lots in the town of Emmett. In May, 1920, they entered into a written agreement to build a party-wall on the dividing line between their respective properties, one-half of the wall to be on the property of each. The more material parts of said agreement read:

“The said first party in consideration of the covenants and agreements on the part of the second parties hereinafter contained, agree to at once commence the work of excavating for the construction of, the foundation for such party-wall, and at its present, own cost, charge and…