McCarthy

This was an action for the recovery of damages for an injury to the face or end of a party-wall, and to recover possession of the plaintiff’s half thereof. The trial court gave judgment in favor of the plaintiff *585 for the recovery of the possession of half of the wall and for thirty dollars damages; and the defendant appeals from the judgment, and from an order denying a new trial.

The parties to the suit, being the owners of adjoining lots, and being each about to erect a building on their respective lots, made a written agreement for a party-wall, which agreement is set out in the findings. The wall was accordingly constructed. The dispute was as to how the face or end of the wall should be finished. It appears that the plans for the defendant’s building were originally drawn upon the idea that it was to stand wholly upon the defendant’s own lot; and the wall was to be only thirteen inches thick. With this view, the pilasters or coverings for the face of the walls were ordered thirteen inches wide. The party-wall, however, was seventeen inches wide for the first two stories. And when the thirteen-inch pilaster came to be applied to the seventeen-inch wall of the first story,…