Brown v. Collum

This case, as presented here, turns upon the construction of a contract which was in these words:

“ In consideration that Smith Treadwell will go on improving his mill property on Connasauga river near Tilton, and not suspend operations now, as he speaks of doing, and will so arrange his dam as to make the middle portion of it eight inches lower than it now is, we agree that he may then keep the water at the height the dam will then raise it, and claim no damages for what the water may be on our lands, respectively, on account of the keeping up of said dam.

“Given under our hand and seal, this…