Auld

The plaintiff was a dry goods merchant, keeping a shop on J street, between 4th and 5th streets, in the city of Sacramento. The defendant, Pershbaker, was the owner of the house in which the shop was kept. Clark, the other defendant, was the owner of the adjoining lot. The foundation of Pershbaker’s house did not extend more than twelve inches below the surface of the earth. The base of Pershbaker’s eastern wall projected about nine inches over the line dividing his-lot from Clark’s. Clark proposing to build a house on his lot, with a cellar, Pershbaker entered into a contract with Clark; whereby it was agreed that Clark should have Pershbaker’s wall underpinned to the depth of Clark’s excavation ; that the expense of said underpinning should be borne jointly by Clark and Pershbaker; that the wall of Pershbaker, as it then stood, shodld be valued by arbitrators, that' Clark should pay to Pershbaker one-half of such valuation, and that said wall should be a party wall between Clárk and Pershbaker. Clark employed one Eisen, an architect, to contract for, and superintend the erection.of his building, including the' underpinning of the party wall. Eisen contracted, on Clark’s behalf,…