Miley v Hutchinson

CourtCircuit Court
Judgment Date01 January 1940
Date01 January 1940
(Cir. Ct.),

Owners of adjacent houses -Contribution between - Local authority's requirements to repair - Gutter repaired by one co-owner alone - Absence of agreement between co-owners - Writ de reparatione facienda - Contribution for work done not compellable.

In the absence of agreement in that behalf, one of several co-owners has no right of contribution from the others in respect of repairs to the property, the subject of the co-ownership, which he has carried out pursuant to the requirements of a local authority notwithstanding that failure to execute such repairs would render all the co-owners severally liable to a claim for damages at the suit of any person who might suffer loss through the repairs being left undone. The plaintiff and the defendant were owners of adjoining dwellinghouses, of which there wad a party gutter. Consequent upon a statutory notice issued by the local authority the plaintiff executed certain...

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