Bruner v. Palmer

Josiah C. Palmer and Richard Bruner, being adjoining land-owners, agreed that each should maintain and keep in repair certain specified portions of a partition, fence on the line dividing their lands.

Palmer charged in a complaint filed against Bruner, that while he faithfully performed his part of the agreement, the latter wholly failed, neglected, and refused to maintain in repair that part of the fence allotted to him, under the agreement, but permitted it to go into decay, so that it became-insufficient to protect the crops of each from invasion by the animals of the other.

The complaint…