Larimer & Weld Irrigation Co. v. Wyatt
Supreme Court of Colorado
Appeal from the District Qourt of Weld County. This is a contest between water right claimants taking their supply from a common source and by means of the same ditch. It is before the court for the second time. ' At the first hearipg a demurrer was sustained to the complaint and judgment entered thereon by the district court.
Read the full summary
Appeal from the District Qourt of Weld County. This is a contest between water right claimants taking their supply from a common source and by means of the same ditch. It is before the court for the second time. ' At the first hearipg a demurrer was sustained to the complaint and judgment entered thereon by the district court. From this judgment the cause was taken to the court of appeals, and from that court into this court, and the complaint was held sufficient and the judgment of the lower court reversed. See Wyatt v. Irrigation Co., 18 Colo. 298. Upon the former appeal the cause was…
1Opinion of the Court
Chibe Justice Hayt
delivered the opinion of the court.
It is contended by appellants that the construction placed by this court upon the clause “ estimated capacity to furnish water,” as used in these water contracts, should be modified by reason of the facts set forth in the answer and the evidence introduced upon the trial. Upon a review of the former opinion in connection with the evidence in the case, we are confirmed in the correctness of the construction then placed upon this clause of the contract. We find nothing in the contracts introduced in evidence in any way qualifying or modifying…
2Cases cited1 opinion
- Farmers' High Line Canal & Reservoir Co. v. SouthworthSupreme Court of Colorado · 1889
3Cited by6 opinions
- East Ridge of Fort Collins, LLC v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 2005
- Blakely v. Fort Lyon Canal Co.Supreme Court of Colorado · 1903
- Jones v. BoyerSupreme Court of Colorado · 1920
- Ætna Insurance v. RicoSupreme Court of Colorado · 1927
- Eaton v. Larimer & Weld Irrigation Co.Supreme Court of Colorado · 1905
1 more not listed; retrieve them via the Exa API.