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Contracts Keyed to Burton
White v. Benkowski
Citation:
37 Wis. 2d 285, 155 N.W.2d 74Facts
The Whites (plaintiffs) purchased a home that lacked a water supply. The Benkowskis (defendants) owned the adjacent property and had a well in their yard that connected with the Whites’ home. The Whites and Benkowskis entered into a written agreement. Pursuant to that agreement, the Benkowskis promised to supply water to the Whites’ home for ten years or until either the municipality supplied the Whites’ home with water, or the Whites drilled their own well. The relationship between the two families eventually deteriorated. As the relationship became more hostile, the water supply that was controlled by the Benkowskis was intermittently shut off. The Whites sued the Benkowskis for breach of contract.
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