Doty v. Lawson
U.S. Circuit Court for the District of Eastern Wisconsin
This was an action brought on a contract for the installments due on the purchase money of a water-power, so called, formed by tbe construction of a dam at the foot of Lake Winnebago, by means of which the water was forced through a canal, in the city of Monasha, about a mile in length, and given a fall of seven to nine feet. The defendants set up counter-claims, and the only questions involved related to their validity and effect.
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This was an action brought on a contract for the installments due on the purchase money of a water-power, so called, formed by tbe construction of a dam at the foot of Lake Winnebago, by means of which the water was forced through a canal, in the city of Monasha, about a mile in length, and given a fall of seven to nine feet. The defendants set up counter-claims, and the only questions involved related to their validity and effect. The plaintiffs, in 1875, sold to the intestate, Publius Y. Lawson, an undivided half of the water-power, by an instrument under seal, whereby, among other things,…
1Opinion of the Court
Dyer, D. J.,
(orally.) The difficulties in the way of maintaining the counter-claims interposed by the. defendants seem to be insurmountable. By the contract, dated July 24, 1855, the Fox & Wisconsin River Improvement Company granted to Doty and the Reeds the water-power in question. The corporation, in consideration of that grant, received the real estate mentioned in the contract, the canal by means of which the hydraulic power was supplied not being then completely finished. The improvement company agreed by the same contract to complete the canal in the manner therein prescribed within the…
2Cited by1 opinion
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