Gorham v. Gross
Massachusetts Supreme Judicial Court
Tort for injuries by the falling of a party wall. After the decision reported 117 Mass. 442, the case was tried in this court, before Morton, J., who allowed a bill of exceptions in substance as follows: On July 9, 1873, the plaintiffs and the defendants executed an indenture, the material parts of which were as follows: “ Whereas the- said Charles L. and Chester Gorham, and the said Gross and Strauss, are owners of certain adjoining parcels of land situated on the westerly…
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Tort for injuries by the falling of a party wall. After the decision reported 117 Mass. 442, the case was tried in this court, before Morton, J., who allowed a bill of exceptions in substance as follows: On July 9, 1873, the plaintiffs and the defendants executed an indenture, the material parts of which were as follows: “ Whereas the- said Charles L. and Chester Gorham, and the said Gross and Strauss, are owners of certain adjoining parcels of land situated on the westerly side of Main Street in the said Worcester, between land of the People’s Savings Bank on the north and land of Mrs. Mary…
1Opinion of the CourtGray, C. J.
By the indenture between the plaintiffs and the defendants, either party was authorized to build a party wall of brick with stone foundation, half on the land of each, and half the cost of which should be paid by the other if he used it. The defendants made a contract with a firm of masons, by which the latter were to furnish all the materials and labor in completing the stone and brick work, lathing and plastering, according to the plans and specifications and under the superintendence and to the acceptance of an architect, who was called in this contract and was in fact the agent of the…
2Cases cited10 opinions
- Chicago City v. RobbinsSupreme Court of the United States · 1863
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Gray v. Boston Gas Light Co.Massachusetts Supreme Judicial Court · 1873
- Shipley v. Fifty AssociatesMassachusetts Supreme Judicial Court · 1870
- Boswell v. LairdCalifornia Supreme Court · 1857
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3Cited by70 opinions
- Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
- Pennsylvania Coal Co. v. SandersonSupreme Court of Pennsylvania · 1886
- Woodman v. Metropolitan RailroadMassachusetts Supreme Judicial Court · 1889
- The Clark-Aiken Co. v. Cromwell-Wright Co. Inc.Massachusetts Supreme Judicial Court · 1975
- Ainsworth v. LakinMassachusetts Supreme Judicial Court · 1902
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