Opinion
Gen. No. 42,084. (Abstract of Decision.)
Opinion filed December 30, 1942 Rehearing denied January 20, 1943
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.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Circuit Court of Cook county; the Hon. ELMER J. MEDLIN, Judge, presiding.
Judgement affirmed. Heard in the second division, first district, this court at the December term, 1941.
John A. Linden and Michael J. Creighton, for appellant;
McNab, Holmes Long, for appellee;
Allan W. Cook and Wallace B. Kemp, of counsel.
"Not to be published in full." Opinion filed December 30, 1942; rehearing denied January 20, 1943.