Martin v. Music

254 S.W.2d 701 (1953)

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Martin v. Music

Court of Appeals of Kentucky
254 S.W.2d 701 (1953)

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Facts

Marvin Music (defendant) owned several lots of land in Prestonsburg, Kentucky. Fred Martin (plaintiff) owned a plot of land adjacent to these lots. Martin entered into an agreement with Marvin, permitting Martin to construct a sewer line across Marvin’s property, with Marvin retaining the right to connect to the sewer line at an unspecified future time. The agreement did not mention a maximum capacity for the connection to be constructed by Marvin. After the construction of the sewer line, Marvin sold two of its lots. The new owners of these lots began constructing homes, and attempted to connect to the sewer line. Martin then brought suit, alleging that the right to connect to the sewer was only held by Marvin. The trial court determined that Marvin and the new owners all had the right to connect to the sewer. Martin appealed to the Court of Appeals of Kentucky.

Rule of Law

Issue

Holding and Reasoning (Cullen, Commissioner)

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