Keith v. Ridge
Supreme Court of Missouri
Appeal from Jachson Circuit Court. — Hon. C. O. Tickenob, Special Judge. (1) A ‘‘party wall” means a solid wall, without windows or openings of any kind therein; and where there is a contract calling for a “party wall,” and one of the parties thereto builds, leaving windows or openings in the wall, he is a trespasser ab initio on the land of the other. Harber v. Evans, 101 Mo. 668; St. John v. Sweeney, 59 How. Pr. 175; Vansykel v. Tryon, 6 Phila. 401; Milne’s Appeal, 81 Pa.
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Appeal from Jachson Circuit Court. — Hon. C. O. Tickenob, Special Judge. (1) A ‘‘party wall” means a solid wall, without windows or openings of any kind therein; and where there is a contract calling for a “party wall,” and one of the parties thereto builds, leaving windows or openings in the wall, he is a trespasser ab initio on the land of the other. Harber v. Evans, 101 Mo. 668; St. John v. Sweeney, 59 How. Pr. 175; Vansykel v. Tryon, 6 Phila. 401; Milne’s Appeal, 81 Pa. St. 56; Vollmer’s Appeal, 61 Pa. St. 125; Dauenhauer v. Devine, 51 Tex. 488; Franke v. White, 19 Atl. Rep. 196. (2) The…
1Opinion of the CourtBrace, P. J.
The plaintiffs Keith and Perry are the owners of a lot in Kansas City fronting one hundred feet on Walnut street and running back one hundred and fifteen feet to an alley, and the defendant Ridge is the owner of a contiguous lot of the same frontage and depth.
On the seventh off July, 1886, the parties entered into a written contract which provided as follows:
“1. Thatwhichever party shall first build adjoining said lines, shall erect a party wall thereon, half on each side thereof, of such depth as such party shall see fit, and of sufficient strength and thickness to sustain a building of not…
2Cases cited8 opinions
- Yeats v. BallentineSupreme Court of Missouri · 1874
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Eyerman v. Mount Sinai Cemetery Ass'nSupreme Court of Missouri · 1876
- Earp v. TylerSupreme Court of Missouri · 1881
- James Halpin Manufacturing Co. v. School District of CaliforniaMissouri Court of Appeals · 1893
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3Cited by3 opinions
- Arthur Fritsch Foundry & Machine Co. v. Goodwin Manufacturing Co.Missouri Court of Appeals · 1903
- Nugent v. Armour Packing Co.Supreme Court of Missouri · 1907
- Brierre v. Cereal Sugar Co.Missouri Court of Appeals · 1903