Clothier v. Hoffman Co.

Citations

• 261 Pa. 83
• 104 A. 559
• 1918 Pa. LEXIS 690

Syllabus

<p>Equity — Equity practice — Findings of fact — Appeals — Party walls — Acts of Fed. 21f, 1121,1 8m. L. 125, and May 5,1899, P. L. 198.</p> <p>1. Findings of fact of a lower court will not be reversed on appeal where they are based upon competent evidence, although there is sufficient evidence upon the record from which the lower court might have reached a different conclusion.</p> <p>2. In a suit in equity brought by an owner of a building to enjoin an adjacent property owner from using a party wall, constructed by the plaintiff, until it had paid the plaintiff the appraised value of its new use of the wall, and certain measuring charges, where defendant contended that an old wall which the parties had formerly used was not entirely removed, but was simply reconstructed, but where plaintiffs produced abundant evidence that the old wall had been taken down and a new one erected, a finding by the lower court in accordance with plaintiffs’ contentions was conclusive upon appeal, and a decree, under the Acts of Feb. 24, 1721, 1 Sm. L. 125, and May 5, 1899, P. L. 193, requiring defendants to pay half the cost of the new wall was affirmed.</p>