Gertler v. Linscott

The complaint sets forth two causes of action. The first is upon a contract between plaintiff and defendant, providing for and regulating the separate enjoyment by each 'of them, at alternate periods, of a mill, of which they were tenants in common, and also providing for the payment, by each, of an agreed part of the expense of keeping the mill in suitable condition for business. The second cause of action is in form for a tort, in wrongfully drawing •off and diverting water from the stream and pond on which the “mills” which plaintiff and defendant were running and using were situated. To…