Puls v. Giwosky

Citations

• 116 Kan. 82
• 225 P. 1052
• 1924 Kan. LEXIS 23

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Party Wall — Written Contract — Arbitration Not a Prerequisite to Suit in Ejectment. The provision for arbitration in a party-wall contract examined and, held, not to require an offer to arbitrate as a prerequisite to a suit in ejectment by one of the parties.</p> <p>2. Same — Party Not Precluded by the Facts Shown From Maintaining Ejectment. One is not precluded from maintaining a suit in ejectment for part of his real property occupied by a party wall built by an adjoining lot owner by knowledge that the wall was being built, when both parties thought it was being built one-half on the land of each, which proved to be a mistake.</p>