Koch v. Hustis
Wisconsin Supreme Court
Appeal from a judgment of the county court of Dodge county: J. A. Babhey, Judge. This is an action to recover two thirds of the value of certain repairs alleged to have been made by the plaintiff upon a milldam owned by the defendant Laura, A. Hustis, and also for damages for the failure to furnish water from the canal supplied by said dam to the plaintiff’s mill.
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Appeal from a judgment of the county court of Dodge county: J. A. Babhey, Judge. This is an action to recover two thirds of the value of certain repairs alleged to have been made by the plaintiff upon a milldam owned by the defendant Laura, A. Hustis, and also for damages for the failure to furnish water from the canal supplied by said dam to the plaintiff’s mill. The answer of the defendants admitted the ownership of the dam, and admitted that the plaintiff was entitled to draw 875 square inches of water from an aperture in the canal, but denied the making of any repairs by the plaintiff,…
1Opinion of the Court
The following opinion was filed November 5, 1901:
WiNSlow, J.
It was frankly admitted upon the argument of this case by counsel for the respondent that the controlling question upon the merits of this case is simply as to-the proper construction of the defendant’s deed, which is set forth in the statement of facts; and that, if the plaintiff i» entitled to recover for the repairs to the dam made by limp it must be because by that deed the defendants bound themselves to make two thirds of such repairs.
The deed in question was one by which the defendant» granted, bargained, and sold to the…
2Cases cited2 opinions
- Koeber v. SomersWisconsin Supreme Court · 1901
- Hunter v. HathawayWisconsin Supreme Court · 1901
3Cited by4 opinions
- Shanak v. City of WaupacaCourt of Appeals of Wisconsin · 1994
- Goldman v. DievesWisconsin Supreme Court · 1914
- Hustis v. McWilliamsWisconsin Supreme Court · 1921
- Pauline Buchholz, as Trustee of the Trust Agreement v. Steven K. SchmidtCourt of Appeals of Wisconsin · 2024