Dean Pollard Et Al. v. Land West

Dean Pollard, Terry Pollard and Tyrone Pollard, as co-partners doing business as Pollard Oil Company (hereinafter referred to as respondent), instituted this action against Land West, Inc., a corporation, Reed J. Bowen, Grant R. Bowen, Bob Ray Duncombe, and Delores J. Duncombe, defendants.[Footnote 1] Respondent alleged in its complaint that it owned certain real estate upon which was constructed a service station business; that defendants Land West, Inc., and the two Bowens constructed a campground facility upon land owned by Land West, Inc., and that they constructed on this land an inadequate waste sewage disposal system which resulted in contamination of water wells in the vicinity including that of the respondent; that Land West, Inc., and the Bowens sold their property to the Duncombes and that the Duncombes later rescinded the contract of sale. The respondent alleged that the negligent construction, maintenance and operation of the sewage system by all the defendants was a nuisance and contaminated their well and plumbing and water pipes all to their damage in the amount of $1,225, cost of a new well, and for $5,000 general damages, plus $5,000 punitive damages. The defendants, Bob Ray Duncombe and Delores J. Duncombe, answered separately from the other defendants, generally denying the allegations of the complaint, alleging that they operated the campground only for the period of May 15, 1969, to July 15, 1969. The remaining defendants (the appellants herein), Land West, Inc., and the two Bowens, generally denied the allegations of the complaint.