Money v. Peavy

Citations

• 70 Miss. 260

Syllabus

<p>1. Deed. Partition wall. Contract to build.</p> <p>To recite in a deed, as a part of the consideration, that the vendees, or any subsequent owner of the land conveyed, “shall have the right of uniting with and using the south wall which maybe erected by us” thereon, is dot to stipulate that a wall shall or will be built, and the grantors are not liable in damages for failure to erect one.</p> <p>2. Evidence. Writing. Contemporaneous parol agreement.</p> <p>Because of the writing, a contemporaneous parol agreement by such grantor to build the wall cannot be shown.</p> <p>3. Partition Wall. Verbal agreement to build. Code 1880, § 979.</p> <p>Section 979, code 1880, authorizing verbal contracts between those “who own adjoining lots” for erecting partition walls, does not apply to contracts whereby parties are negotiating to become such owners.</p>