from the spring in Honeywood Spinney is being fouled and requires that pollution and interference with the flow shall cease. He has a right to the flow of the spring water on to his land. I must ask you, therefore, immediately to arrange for another source of water supply.
Yours faithfully,
Spinlove is here altogether too aloof and disinterested. He ought to identify himself with this misfortune to the builder and at least make a gesture of readiness to help him, if possible. How is the builder to find water? The position is serious.
GRIGBLAY TO SPINLOVE
Dear Sir,16.10.24.
It will be a serious matter for us if we are not to draw water from the spring. Where else are we to find water? When we went to the site before completing our tender we naturally assumed that we could make use of the spring as there was no stipulation in the contract that we should not make use of it. We can only suggest that the well should be sunk immediately and that we should be allowed to draw from it. This will involve a considerable delay, and we shall have to ask for an extension of the contract date corresponding to the time it takes to find water. In the meantime we have told Bloggs to use all possible care not to foul spring.
Yours faithfully,
SPINLOVE TO GRIGBLAY
Dear Sir,17.10.24.
The contract stipulates that the builder is to make his own arrangements for the supply of water. You would be at liberty to use the spring if it were available, but, unfortunately, it is not. I will give orders for the well-sinking to be put in hand as soon as possible; in the meantime it will be necessary for you to make temporary arrangements of some kind, as Sir Leslie Brash would never consent to let the work stand while the well is being sunk.
Yours faithfully,
If Spinlove thinks that he can settle the matter in this fashion he is very much mistaken. Does he suppose that the builder is to carry water up hill on to the site? The question is, how is water to be found? The circumstances are awkward.
GRIGBLAY TO SPINLOVE
Dear Sir,17.10.24.
Since we last wrote, Mr. Grigblay has been on site and arranged for Bloggs to dig out ditch and form a weir, and lay a 1 in. pipe from above weir to 1,000-gallon tank to be sunk into ground further down slope. This amount of water will not affect the flow from the spring and we shall not go near ditch or foul spring in the future. We shall be glad to have your approval of this proposal.
We have now got cellar excavated and shall be glad if you will approve same. The ground is dry and compact marly clay, and, as we should like to get concrete in and walls up before chance of rain, we shall be glad of your approval at once.
Yours faithfully,
SPINLOVE TO GRIGBLAY
Dear Sir,18.10.24.
I am sorry I cannot accept your proposal to form weir and draw water from spring as Sir Leslie Brash has no right to interfere with the flow. I will, however, communicate with Sir Leslie Brash and ask him to refer the point to his solicitors.
Yours faithfully,
GRIGBLAY TO SPINLOVE
Dear Sir,20.10.24.
I rang up to-day and asked you to put off writing to Sir Leslie Brash re spring. If permission is asked of solicitors it may very well be refused, as there is no inducement why it should be granted. The amount of water I shall take from the spring is nothing at all and no one will be any the wiser or know what is being done, as all pollution will cease. There will be no objection to the work proposed, as all will be removed at completion and no harm done.
Yours faithfully,
Grigblay is perfectly sound in his judgment in this matter, nor is there anything sly or deceitful in his proposal. All that the adjoining owner requires is that the spring shall not be polluted and that his right to the flow shall not be interfered with.
SPINLOVE TO GRIGBLAY
Dear Sir,21.10.24.
If you care to carry out the arrangement you propose at the spring at your own risk and to indemnify Sir Leslie Brash from all liability, I will not object,