Wakeling v. Cocker

Citations

• 208 Pa. 651
• 57 A. 1104
• 1904 Pa. LEXIS 821

Syllabus

<p>Equity — Party wall — Restitution of wall — Remedy at law.</p> <p>A bill in equity for the restoration of a portion of a party wall is properly dismissed on findings that the work was done by an independent contractor without authority from the defendant and contrary to a stipulation in the building contract against any encroachment on plaintiff’s property; that plaintiff has a full legal remedy; that he delayed for months until the alleged injury was completed; that no serious injury was done him by the acts of the contractor; that the removal was of part of the wall which was in no sense necessary to the security of the plaintiff’s property, and that in all essential respects the wall is just as good as it was before.</p>