M. S. Hurd (plaintiff), Ferdinand Dunker (plaintiff), and Peter Bossell owned a millsite of which they conveyed a portion to Charles Doscher and his associates. A few days after the conveyance, Doscher and his associates entered into an agreement with Hurd and his associates to construct a dam and flume. It was agreed that the parties would equally contribute to the cost of repairs for the dam and flume. Cyrus Wheeler (plaintiff) succeeded to the interest of Bossell. Several years later, repairs were made to the dam and flume, which were paid for solely by Hurd, Dunker, and Wheeler. That same year, Doscher and his associates had their property foreclosed on, and the property was acquired by Charles Schad (defendant). Hurd, Dunker, and Wheeler brought suit against Schad to recover one-half of the cost of the repairs. The lower court ruled in favor of Schad. Hurd, Dunker, and Wheeler appealed.