Bixby v. Wilkinson
Supreme Court of Minnesota
This action was brought in the district court for Goodhue county, and was tried before Crosby, J., who directed a verdict for plaintiff. A new trial was refused, and defendant appealed.
1Opinion of the CourtGilpillan, C. J.
The plaintiff agreed with defendant to build a party-wall along the line between them, one-half of the thickness on the premises of each, the basement or cellar part of the wall to be of stone, and of prescribed dimensions, and above that to be of brick, 28 feet high, 70 feet long, and one foot thick, the price to be paid when the wall was completed. The plaintiff built the wall as agreed on, except that instead of the wall above the basement being entirely of brick, he put in it, at the end fronting the street, a stone pilaster, 13 feet high, 16 inches wide, and 10 thick. The ten inches…
2Cited by3 opinions
- Town of Birch Cooley v. First National BankSupreme Court of Minnesota · 1902
- Vassau v. CampbellSupreme Court of Minnesota · 1900
- Taylor v. MarcumSupreme Court of Minnesota · 1895