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Contracts Keyed to Summers
White v. Benkowski
Citation:
37 Wis.2d 285, 155 N.W.2d 74Facts
Virgil & Gwynneth White (collectively “the Whites”) (plaintiffs) wanted to purchase a home in the Oak Creek area. Despite the fact the particular home that the Whites desired did not have a water supply, they purchased the home anyway. Paul & Ruth Benkowski (collectively “the Benkowskis”) (defendants) owned the home adjacent to the one purchased by the Whites. The Benkowskis had a well in their yard that connected to the Whites’ home. The Whites and Benkowskis entered into a written agreement, in which the latter promised to supply water to the Whites’ home. In return, the Whites paid $400 for the purchase and installation of a new pump and promised to pay $3 a month for use of the water supply plus one-half of the cost of any repairs or maintenance. Over time, the relationship between the Whites and Benkowskis deteriorated and the water supply was intermittently shut off throughout March, June, and July. The Whites sued the Benkowskis to recover compensatory and punitive damages.
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