Horr v. Hollis

Citations

• 20 Wash. 424
• 55 P. 565
• 1898 Wash. LEXIS 544

Syllabus

<p>HUSBAND AND WIFE-AGENCY—ESTOPPEL TO DENY AUTHORITY—PARTY WALL—VALIDITY OF PAROL AGREEMENT.</p> <p>A wife is estopped from disputing the authority cu her husband to make a contract concerning a party wall on her land, where the evidence shows that, ever since her ownership of the land, he had exercised complete control over it and the building erected thereon, by himself making all contracts for its construction and repair, and renting the building and paying taxes on the property.</p> <p>Where a party wall agreement has been executed, or there has been such a part performance of the agreement as to estop the parties from denying the existence of the easement, its validity cannot be attacked on the ground that it rested in a parol agreement. (Reavis, X, dissents.)</p>