S. S. Kresge Co. v. Garrick Realty Co.

Fowi,er, J.

The appellant assigns as error that several of the findings of fact of the trial court are against the clear preponderance of the evidence and that as a consequence the judgment is erroneous. However it may be as to other findings, if any one of three of them is supported by the evidence the judgment must be affirmed, and we shall consider only these three. The three are, in substance, that (1) the wall is unsafe and dilapidated; (2) the plaintiff’s predecessor in title abandoned the wall as a party wall; (3) conditions have so changed as to render the purpose of the party-wall…