Rice v. Roberts
Wisconsin Supreme Court
APPEAL from the Circuit Court for Waupaca County. This action was brought to recover one-half the price of a wall built on each side of a line between a lot belonging to the plaintiffs and an adjoining lot which belonged at one time to the defendant, it being alleged that defendant had agreed that the wall should be so built as a party wall, and that he would pay one-half the cost thereof; and also to recover damages for a breach of an alleged agreement by defendant, that…
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APPEAL from the Circuit Court for Waupaca County. This action was brought to recover one-half the price of a wall built on each side of a line between a lot belonging to the plaintiffs and an adjoining lot which belonged at one time to the defendant, it being alleged that defendant had agreed that the wall should be so built as a party wall, and that he would pay one-half the cost thereof; and also to recover damages for a breach of an alleged agreement by defendant, that any building erected by him on his said lot should not project farther toward the street in front thereof than the…
1Opinion of the CourtDixon, C. J.
The claim of the plaintiffs, upon which this action is brought, is divided into two branches; the one, the price agreed to be paid for one-half of the party wall when used; and the other, the damage claimed by the plaintiffs for the erection of the building by Strickland beyond the line of the plaintiffs’ building, and up to the line of the street in front of the same.
We will consider the last branch first, namely, the claim for damage; and upon that we have but little to say. The contract was a verbal one, no writing whatever having been made or signed by the parties. The right claimed by…
2Cited by13 opinions
- Buell v. IrwinMichigan Supreme Court · 1871
- Love v. Kirkbride Drilling & Oil Co.Supreme Court of Oklahoma · 1913
- Johnson v. Mt. Baker Park Presbyterian ChurchWashington Supreme Court · 1920
- Myers Park Homes Co. v. FallsSupreme Court of North Carolina · 1922
- Norton v. BrinkNebraska Supreme Court · 1906
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