Ellensburg Lodge No. 20 v. Collins

Citations

• 68 Wash. 94
• 122 P. 602
• 1912 Wash. LEXIS 1255

Syllabus

<p>Party Walls — Agreement—Construction. An agreement for a party wall is not obscure and uncertain by rea^m of the use of the phrase that the parties shall “lease” the right to use the premises for the construction of such a wall, the parties having subsequently construed it as a party-wall agreement and not as an executory agreement for a lease.</p> <p>Party Walls — Agreement Running With Land — Estoppel. There is an estoppel to assert that a party-wall agreement is personal to the original parties by reason of its failure to covenant that it shall run with the land, or to mention the heirs, successors, or assigns of the parties, where the party wall was constructed within a short time, and subsequently both of the original parties conveyed, each deed expressly stipulating that all rights under the party-wall agreement were transferred to the grantees, subsequent deeds in the chain of title containing the same stipulations.</p> <p>Corporations — Actions — Payment oe License Fee — Statutes. Rem. & Bal. Code, § 3714, providing that every corporation having a capital stock shall pay an annual license fee, has no application to a corporation organized for fraternal purposes having no capital stock, which can accordingly maintain an action without payment of such a fee.</p>