Loughney v. Klein

Citations

• 221 F. 197
• 136 C.C.A. 607
• 1915 U.S. App. LEXIS 1306

Syllabus

<p>1. Pleading <©=>157—Affidavit of Defense—Sufficiency.</p> <p>In an action on a party wall agreement, which provided that plaintiff should construct a wall of certain material and a certain thickness, and that defendant might thereafter use the wall upon payment of one-half of the cost thereof, or of so much as was used, an affidavit of defense which merely averred generally that the wall was thicker than was necessary for buildings of the height of those erected, and would have been sufficient for buildings twice that height, is not sufficient, but it should point out specifically wherein the wall constructed differed from that called for by the contract.</p> <p>[Ed. Note.—For other cases, see Pleading, Cent. Dig. § 315; Dec. Dig. <©=>157.]</p> <p>2. Party Walls <©=>8—Agreements—Construction.</p> <p>Under a party wall agreement, which provided that one of the parties should construct a wall of a certain thickness and material, and that the other should have the right to join thereto a building for the whole extent of the wall, or any part thereof, upon payment of one-half of the value of the wall, or so much thereof as should be used, the second party is required to pay one-half the value of the entire thickness of the wall for that part which was used by the building subsequently constructed, though the wall was thicker than was necessary for buildings of the height of those constructed.</p> <p>[Ed. Note.—For other cases, see Party Walls, Cent. Dig. §§ 24-41; Dec. Dig. <©=>8J</p> <p>3. Party Walls <©=>8—Agreements—Construction—“Value”—“Cost.”</p> <p>Where a party wall agreement required one party to pay one-half the value of rhe wall, and a subsequent agreement provided for the crediting of a cei tain amount upon the one-half of the cost of the party wall mentioned In iche former agreement, the words “value” and “cost” were used interchangeably, and the liability of the second party is measured by the cost of the wall.</p> <p>[Ed. Note.—For other cases, see Part