Sandberg v. Rowland

Citations

• 51 Wash. 7
• 97 P. 1087
• 1908 Wash. LEXIS 954

Syllabus

<p>Party Walls — Agreement Running with Land-Intention— Construction of Contract. A party wall agreement runs with, the land, and a conveyance of the lot on which the building was erected passes to the grantee the right to enforce payment for the wall when used, where that was the intention of the parties, and such an intention sufficiently appears where the agreement binds the owners of the adjoining lot, “their heirs, executors, administrators and assigns” to pay for one-half of the wall whenever they build or use the wall.</p> <p>Same — Payment — Trial — Agreed Statement of Pacts. An agreed statement of facts showing that defendants paid one Z for a party wall after Z had conveyed the property to the plaintiffs and while plaintiffs were in possession, sufficiently shows that defendants had not paid the plaintiffs therefor.</p>