Puls v. Giwosky

The opinion of the court was delivered by

Harvey, J.:

In this case the defendant appealed from a directed verdict and judgment in favor of plaintiff in an action in ejectment for a tract of land four inches wide and forty feet long. The parties own adjoining lots in the same block in the business district of Wichita. In 1909 when both lots were vacant they made a party-wall contract in writing which recited that it was the wish of the parties “that the wall that may be erected to separate the adjoining buildings which may be placed upon said adjoining lots shall be a party wall, ... to begin on…