WHITE V. BENKOWSKI
155 N.W.2d 74 (1967)
NATURE OF THE CASE: This was a breach of contract action for damages. White (P), tenants
challenged a judgment, which reduced a jury award of compensatory damages for P and denied
Ps punitive damages in their breach of contract action against Benkowski (D) landlords.
FACTS: The Whites (P) entered into a 10-year contract with Benkowski (D) to use D's well
for water. P paid $400 for a new pump and an additional tank and promised to pay $3 a month
and half the cost of any future repairs or maintenance. The contract was in writing. Within
two years, the situation had become hostile, and D shut the water supply off on several
occasions to clear the pipes and to remind P that they were using too much water. P sued D
and the jury awarded P $10 in exemplary damages and $2,000 in punitive damages. The court
reduced the exemplary damages to $1 since no pecuniary loss was shown and disallowed the
punitive damages. P appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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