Pfeiffer v. Matthews
Massachusetts Supreme Judicial Court
Contract, to recover one half of the cost of a party wall. Writ dated September 14,1892. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows.
Read the full summary
Contract, to recover one half of the cost of a party wall. Writ dated September 14,1892. The case was submitted to the Superior Court, and, after judgment for the defendant, to this court, on appeal, on agreed facts, in substance as follows. The plaintiff and Nathan Matthews, Jr., who were owners of adjoining lots of land situated on Falmouth Street in Boston, on Apiil 21, 1888, executed an agreement which, after granting to either party thereto the right to erect a party wall on the boundary line of their respective estates, contained a provision that “ when any portion of any wall so built,…
1Opinion of the CourtAllen, J.
The clause of the agreement upon which the plaintiff’s claim rests is as follows: “ When any portion of any wall so built, extended, or rebuilt shall be used by the party or by the heirs or assigns of the party by whom the portion of the wall so used was not constructed, he or they shall pay to the party who constructed the same, or to his heirs or assigns, owners *489of the said premises, one half of the actual cost of the portion of the wall (including the piling and the foundation thereof) so used by him or them.”
Using the wall means making use of it in the process of constructing the house on…
2Cases cited1 opinion
- Haskins v. HawkesMassachusetts Supreme Judicial Court · 1871
3Cited by3 opinions
- First National Bank v. Security BankSupreme Court of Minnesota · 1895
- Berry v. GodfreyMassachusetts Supreme Judicial Court · 1908
- Jones v. Fisher Realty Co.Indiana Court of Appeals · 1933