Howze v. Whitehead

Citations

• 93 Miss. 578
• 46 So. 401

Syllabus

<p>1. Party Walls. Injury. Restoration. Contribution to expense. Use of restored wall</p> <p>A joint owner of a burned and injured party wall, who declined to contribute to its restoration because be then bad no use for it, but afterwards joined onto and used tbe wall as restored by bis co-owner is liable for bis share of tbe costs of its construction.</p> <p>2. Principal and Agent. Agent’s authority. Necessity to prove.</p> <p>A claim predicated of an agreement with an alleged agent of another is of no value unless supported by evidence of tbe agent’s authority to make' it.</p> <p>3. Same. Evidence. Sufficiency.</p> <p>Proof that a designated person collected rents for plaintiff is insufficient to show that he was authorized by plaintiff to release defendant from contributing to the costs of rebuilding a destroyed party wall.</p>