Winsor v. German Savings & Loan Society

Citations

• 31 Wash. 365
• 72 P. 66
• 1903 Wash. LEXIS 637

Syllabus

<p>INJUNCTION-VIOLATION OP PARTY WALL AGREEMENT-ACTION BY TENANT-NECESSARY PARTIES.</p> <p>The fact that adjoining owners had under a party wall agreement provided for the common use of an elevator, stairway, and halls in the building would not make the owner of one of the buildings a necessary party plaintiff in an action by his tenant to restrain the proprietors of the adjoining building from disturbing his peaceable and quiet possession by blocking up one of the halls so as to prevent egress and ingress from said tenant’s premises by way of such elevator and stairway.</p> <p>SAME-ADJOINING LOT OWNERS-RESTRAINING TRESPASS-CONSTRUCTION OP STATUTE.</p> <p>Under Bal. Code, § 5433, which provides that “an injunction may be granted to restrain the malicious erection, by any owner or lessee of land, of any structure intended to spite, injure, or annoy an adjoining proprietor,” a right of action is given to the one occupying the premises either as tenant or owner.</p> <p>SAME-AGREEMENT POR ARBITRATION -ESTOPPEL.</p> <p>Where the status quo under a party wall agreement, which provided for the common use of halls, stairway and elevator in adjoining buildings, and that in case of a dispute between the parties resort should be had to arbitration, was disturbed by the wrongful action of one of the parties in dispossessing the other from the free use of the premises in dispute, the injured party may resort to the courts,' instead of being compelled to propose an arbitration.</p>