Corporation of America v. Durham Mutual Water Co.

STEEL, J. pro tem.

This appeal is from a judgment in favor of plaintiffs in an action for declaratory relief.

The question presented involves an oral contract alleged to have been entered into by the predecessors in interest of the respective parties hereto concerning the delivery of irrigation water to the lands of the plaintiffs. The trial court found the agreement to exist and upheld its validity.

To facilitate an understanding of the situation we consider it necessary to set forth the facts in some detail. The record discloses that plaintiffs’ predecessor in interest, one Robert W. Durham,…