Lukens v. Lasher

Citations

• 202 Pa. 327
• 51 A. 887

Syllabus

<p>Party ivall — Injunction—Equity.</p> <p>A bill in equity to restrain the use of a wall cannot be sustained where it appears that the wall by common consent of the parties had been treated as a party wall, that negotiations for the price to be paid for its use had been conducted with the mutual understanding that it was a party wall, and that such negotiations had terminated in an agreement on a sum, subject to be enlarged or diminished by a measurement, which was paid to the plaintiffs. In such a ease where it appears that there had been no final adjustment of the matter of compensation, the decree dismissing the bill should be without prejudice to the right of the plaintiffs to recover whatever may be due them.</p>