Contracts · MBE-tested
John J. Lenihan, Respondent, v. Robert Ward, Appellant
119 A.D. 870·New York Supreme Court, Appellate Division·1907·NY
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Opinion
John J. Lenihan, Respondent, v. Robert Ward, Appellant.
Beal properly — specific performance —failure to establish defense that party■ wall is on adjoining land without authority.
' Appeal by the defendant; from a judgment of the Supreme Court for the specific performance of a contract by him to purchase real estate of the plaintiff, "entered in the office of the clerk of the county of Kings on the 11th day of October, 1906, upon a decision made by the Kings County Special Term.
[MAJORITY — Gaynor, J.]
Gaynor, J.
: The contract of the plaintiff was to convey to the defendant a house “ each line of it running through a party wall”. Each side line does run through the" center of a wall, but the claim of the defendant is that one of the walls, while'apparently a party wall, and one-h.alf on the adjoining land, was there without right. This was a defense for him to establish, but he gave no evidence on the'subject. The judgment should be affirmed.- Hirschberg, P. J., Woodward, Jenks and Hooker, JJ., concurred. - "