Molony v. Dixon
Supreme Court of Iowa
Appeal from Wapello Circuit Court. Action to recover oue-balf of the cost of what the plaintiff claims to be a party wall. The defendant pleaded a counterclaim. Trial by jury, judgment for the plaintiff, and defendant appeals.
1Opinion of the CourtSeevers, J.
i. party wail: coveryioruse of-: measure of damages, I. In 1880 the plaintiff purchased of the defendant and J. G. Hutchinson a lot in the city of Ottumwa, upon which the plaintiff agreed to erect a two-story brick building: and it was further agreed . ° ° between said parties that when the defendant constructed a building on the adjoining lot he would construct, in connection with the plaintiff’s building, a stairway to the second story, of the usual width, and to be constructed in the usual manner, one-half of which should be on the ground of each party. The plaintiff erected her building,…
2Cases cited2 opinions
- Bertram v. CurtisSupreme Court of Iowa · 1870
- Zugenbuhler v. GilliamSupreme Court of Iowa · 1856
3Cited by6 opinions
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Sheldon Bank v. RoyceSupreme Court of Iowa · 1892
- Huston v. deZengMissouri Court of Appeals · 1899
- Pier v. SalotSupreme Court of Iowa · 1907
- Younker v. McCutchenSupreme Court of Iowa · 1916
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