Hoffman v. Dickson

Citations

• 47 Wash. 431
• 92 P. 272
• 1907 Wash. LEXIS 780

Syllabus

<p>Party Walls—Agreements—Vendor and Purchaser—Title—Defects—Spechtc Permormance—Decree. A party wall agreement, expressly made to run with, the land and binding upon the parties and their assigns, containing a covenant to pay one-half the cost of the wall when the wall shall be used, passes the right to compensation to the grantee of the building at the time of such use, and cannot be enforced or discharged until such time; hence an agreement to convey, by warranty deed, lots encumbered by such agreements, is performed by deed of general warranty, and specific performance thereof may be decreed; but the decree cannot require the vendor to discharge the lien or deposit one-half such cost to await the time of payment.</p>