Dunlop v. Laitsch

Appellants are members of the Dunlop family. They will be referred to herein as “Dunlop.” Respondents are members of the Laitsch family and they will be referred to herein as “Laitsch.”

*38Dunlop and Laitsch owned adjoining real estate. A portion of their respective lands is low and swampy. The swamp is drained by a small stream. The two parties determined to improve their properties by damming the stream, impounding the water, and converting the swamp into a lake. To accomplish this purpose the parties entered into a written agreement, or agreements, which are the subject of this litigation. On…