Martin v. Music

Fred Martin (plaintiff) owned land adjacent to several lots owned by Marvin Music (defendant). Martin let Marvin build a sewer line across Martin's property, with Marvin retaining a right to later connect to it — but the agreement set no maximum capacity for that connection. Marvin later sold two of his lots, and the new owners began building homes and sought to connect to the same sewer line. Martin sued, arguing only Marvin (not the new owners) held the right to connect. The trial court found that Marvin and the new owners all had the right to connect, and Martin appealed.