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This section contains the nature of the case and procedural background.

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.

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