Vinson v. City of Winters

McClendon, chief justice.

Appeal from an interlocutory order denying a temporary injunction restraining the City “from interfering in anyway with plaintiffs’ supply of water” and ordering the City to “deliver to plaintiffs, water pending this suit.” The controlling facts are without dispute. In substance they are:

June 9, 1911, Adams (joined by his wife) contracted to convey to the City a tract of land (a part of his homestead of some 322 acres) containing “75 acres more or less.” The City was to pay for it upon the basis of $35 per acre as shown by a survey to be made. The contract contained…