Colebrook Water Co. v. Parsons

• Decision Date: 25 June 1936
• Parties: COLEBROOK WATER CO. v. PARSONS et al.
• Court: New Hampshire Supreme Court

186 A. 14

COLEBROOK WATER CO.

v. PARSONS et al.

Supreme Court of New Hampshire. Coos.

June 25, 1936.

Transferred from Superior Court, Coos County; James, Judge.

Action by the Colebrook Water Company against Cushman H. Parsons and another. The case was transferred on a stipulation.

Judgment for defendants.

Action, involving a contract under seal executed by the plaintiff and Cushman H. Parsons, who is referred to in the opinion as the defendant. The reserved case does not state the form of action or the relationship of the defendants. It is assumed that Eliza H. Parsons, the second defendant, is the wife of Cushman H. Parsons. The material clauses of the contract are as follows:

"This agreement, made the eighth day of March, A. D., 1922, by and between Cushman H. Parsons * * * of the first part, and the Colebrook Water Company * * * of the second part, witnessetn:

"That the said Parsons, in consideration of the covenants on the part of the party of the second part, hereinafter contained, doth covenant and agree to and with the said Colebrook Water Company from the brook known as Parsons Brook, from a point where the water is taken by the Colebrook Water Company at the present time, water to fill a two inch pipe at that point and the right to repairt relace [replace] and maintain the pipe line across the Parsons land to the Colebrook Water Company reservoir, also the well at the brook where the water is taken; and the said Colebrook Water Company, for and in consideration of the covenants on the part of the party of the first part, doth covenant and agree to and with the said Parsons, that they will furnish water free of charge to the said Parsons, in the house in which the said Parsons and his wife now live, the intent and meaning being that this does not include any other property that the said Parsons now owns or hereafter owns, for the life of the said Parsons or his wife as long as the Colebrook Water Company is in existence."

It is stated as a fact that "At the date of the agreement the premises therein mentioned were occupied by the defendants and their tenants." Transferred by James, J., on the stipulation that if by the agreement the plaintiff is obligated to furnish water, free of charge, to the tenants in the building, there shall be judgment for the defendants, but "if the plaintiff's only obligation is to furnish water for the domestic purposes of the defendants," then judgment is to be entered for the plaintiff for $150.

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