DAVIES v. McDOWELL

No. KCD 28315.

549 S.W.2d 619 (1977)

Jay F. DAVIES et ux., Respondents, v. Lena McDOWELL et al., Appellants.

Missouri Court of Appeals, Kansas City District.

April 4, 1977.


Attorney(s) appearing for the Case

Roger J. Barbieri, Barbieri, Combs & Gotschall, Kansas City, for appellants.

Warren S. Earhart, Gersh, Holt, Earhart, Jones & Dibler, Grandview, for respondents.

Before SHANGLER, P. J., and SWOFFORD and SOMERVILLE, JJ.


SWOFFORD, Judge.

The parties to this action are the owners of adjoining duplex homes sharing a party wall. The respondents (plaintiffs) are husband and wife, and the appellants (defendants) are a widow and her son and daughter and each owns their respective properties in fee simple.

The plaintiffs brought this action seeking specific performance of a certain covenant in a "Party Wall Agreement" concerning the common wall separating the properties. This document...

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