113 Wis. 604 | Wis. | 1902
This is an appeal by the plaintiff from a part of the same judgment which was before this court upon the defendant’s appeal at the last term of this court. Koch v. Hustis, ante, p. 599. In view of the full statement of the case made in the opinion upon that appeal, it is unnecessary to make an extended statement here. It is sufficient to say that the action was brought by. the plaintiff, who is the grantee of the defendants under a warranty deed, to recover of the defendants two thirds of the value of certain repairs made by him upon defendants’1 milldam, and damages for failure to furnish the amount of water from said dam which the deed assumed to convey, viz., 875 square inches through a certain aperture in the canal or race. The deed in question conveyed said 815 inches of water under a certain head, subject, however, to the prior right of one Cole and two other parties to draw water from the race, which had been conveyed by a previous deed, which deed (as stated by appellant’s counsel) conveyed 600 inches of water. The plaintiff’s deed, after conveying said 875 inches of water subject to the rights of Cole et ad., contained full covenants on the part of John Hustis of seisin, quiet enjoyment, and warranty, covering the “premises and water” described therein. The judgment rendered awarded the plaintiff two thirds of the value of the repairs made by him, but did not award him any damages for
By the Court. — That part of the judgment which is appealed from by the plaintiff is affirmed.