Flaig v. Gramm

¶ 1 Benj amin and Verna Flaig (hereafter the Flaigs) appeal the judgment and order of the Twentieth Judicial District Court.

¶2 We affirm in part and reverse in part.

¶3 We restate the issues as follows:

¶4 1. Whether the District Court erred in concluding that the Flaigs have neither an easement by estoppel or implication nor an equitable servitude upon the Gramms’ property.

¶5 2. Whether the District Court erred in finding that the Flaigs’ breach of the well agreement was material.

Standard of Review

¶6 We review a district court’s conclusions of law to determine whether they are correct. Steer,…