AVERY BRUNDAGE COMPANY v. GRAND LODGE

PARTY WALLS, § 7 — insufficiency of evidence as to existence of. In action for expenses incurred by plaintiff contractor in shoring wall of building owned by defendant to prevent damages as result of excavation by plaintiff on adjacent property, wherein defendant contended such wall was party wall, evidence failed to disclose existence of party wall either by way of statute or prescription.

Opinion by JUSTICE FRIEND.

"Not to be published in full." Opinion filed December 30, 1942; rehearing denied January 20, 1943.