Huck v. Flentye

Citations

• 80 Ill. 258

Syllabus

<p>1. Contract—construction as to party walls. An agreement by one erecting a building, that the owner of the adjoining lot may use one-half of the wall on the line at any time he may choose to build, in consideration of his permitting one-half of the wall to be built on his side of the line, does not obligate the one building, and his grantees, to rebuild such wall at his own expense, in case the same is destroyed by fire or otherwise.,</p> <p>2. Party walls—each party liable for Ms proportion, of cost. A wall was built by the owner of a lot over the line, so as to have one-half on his lot and one-half on the adjoining lot, with the agreement that the owner of the adjoining lot might use the wall without any charge or cost whenever he chose to build on his lot. The wall was subsequently destroyed by fire, and the lot conveyed to another, who had no knowledge of this agreement. The two owners then agreed to build together, and did so, using the foundation of the former wall, and building their party wall thereon, without any express agreement as to who should pay for the party wall: Held, that each one was liable for the cost of his proportion of the wall, and the grantee of the builder of the former wall having built the new wall, was entitled to contribution from the other for his proportion of the cost thereof.</p>