Huck v. Flentye
Illinois Supreme Court
Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was assumpsit, by appellee against appellant, for certain building materials used in the construction of a building belonging to appellant, in the city of Chicago. Appellee had constructed, at the same time, a building adjoining to that of appellant, between which there was a single wall, used in common for both buildings.
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Appeal from the Superior Court of Cook county; the Hon. Joseph E. Gaby, Judge, presiding. This was assumpsit, by appellee against appellant, for certain building materials used in the construction of a building belonging to appellant, in the city of Chicago. Appellee had constructed, at the same time, a building adjoining to that of appellant, between which there was a single wall, used in common for both buildings. This wall was constructed by appellant, and, among other offsets claimed by him, he claimed that appellee was liable to him for one-half of the cost of the wall. Prior to this,…
1Opinion of the CourtJustice Scholeield
■There is nothing in the agreement of the 15th of May, 1866, between Baierle and appellee, from which we are authorized to hold that all walls thereafter to be constructed between the lots should be governed by the terms of that agreement. It speaks of the wall as the south wall of a building then contemplated to be erected by Baierle on his lot. There is no undertaking that the Avail is to be perpetually maintained as a party wall, nor is there any stipulation in regard to rebuilding it in the event of its destruction. The consideration Avhich induced Baierle to incur the entire expense of…
2Cases cited3 opinions
- List v. HornbrookWest Virginia Supreme Court · 1867
- Orman v. DaySupreme Court of Florida · 1853
- DeWolf v. City of ChicagoIllinois Supreme Court · 1861
3Cited by9 opinions
- Hawkes v. HoffmanWashington Supreme Court · 1909
- Evans v. HowellIllinois Supreme Court · 1904
- Sharp v. CheathamSupreme Court of Missouri · 1885
- Nilson Bros. v. KahnIllinois Supreme Court · 1924
- Nalle v. PaggiTexas Supreme Court · 1891
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