Squires v. Pinkney
City of New York Municipal Court
The parties, plaintiff and defendant, owned adjoining lots on the southerly side of Seventy-ninth street, west of Fourth avenue, in this city.
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The parties, plaintiff and defendant, owned adjoining lots on the southerly side of Seventy-ninth street, west of Fourth avenue, in this city. They entered into an agreement dated April 27, 1883, by which it was agreed that •either party may erect upon the boundary line dividing the two lots a party-wall of certain specific dimensions, and may extend the same as therein mentioned, and the agreement as to compensation therefor, provides “and the other party, his heirs or assigns, shall have the right to use said wall or extension by paying therefor at the time the same shall be used, one-half…
1Opinion of the CourtMcAdam, C. J.
Whatever the arrangement or oral understanding upon which the wall was erected, is of no material consequence now, as the erection was approved of, and the parties by their sealed instrument have settled their legal rights and obligations concerning it. See 1 Chitty on Cont. (11th Am. ed.), 71, 72; Story on Cent., §§ 472, 473.
A part beneficial consideration, with circumstances to imply a request, is sufficient to support the defendant’s promise. Livingston v. Rogers, Coleman & C. cases at p. 334. This is not an effort on the part of the plaintiff to charge the defendant with out his…
2Cases cited5 opinions
- Cole v. . HughesNew York Court of Appeals · 1873
- Harsha v. . ReidNew York Court of Appeals · 1871
- Scott v. . McMillanNew York Court of Appeals · 1879
- Frey v. JohnsonNew York Supreme Court · 1861
- Brown v. . McKeeNew York Court of Appeals · 1874