Allen & Small v. Fiske
Supreme Court of Vermont
. Bill in chancery. The case was heard upon the bill, answer and testimony, at the March term, 1869, Steele, chancellor, and the bill was dismissed, from which the orators appealed. The substance of the bill and answer, and the facts established by the testimony, are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Wilson, J.
The bill sets forth among other things, that Eiske, Denison and Small entered into a verbal contract in February, 1856, by which Fiske agreed that the water of his spring could be perpetually used by them equally, upon the terms that said Denison should enter and lay down a good and sufficient aqueduct to convey the water from the spring to his house, and put a penstock into the aqueduct in Fiske’s pasture to supply his cattle when needed; that said Small should lay down a good and sufficient aqueduct to convey the water about fifty-four rods…
2Cited by10 opinions
- Clark v. GliddenSupreme Court of Vermont · 1887
- Hill v. BellSupreme Court of Vermont · 1940
- Ainsworth v. StoneSupreme Court of Vermont · 1901
- Phillips v. CutlerSupreme Court of Vermont · 1915
- Wheaton v. CutlerSupreme Court of Vermont · 1911
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