Fresno Canal & Irrigation Co. v. Rowell
California Supreme Court
Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. On the twentieth day of February, 1878, one Wendell Easton, being then the owner of a tract of land in Ffesno County, entered into an agreement with the corporation plaintiff, by the terms of which the plaintiff, the party of the first part therein, agreed to furnish Easton, the party of the second part, with a certain amount of water for the purpose of irrigating his land,…
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Appeal from a judgment of the Superior Court of Fresno County, and from an order refusing a new trial. On the twentieth day of February, 1878, one Wendell Easton, being then the owner of a tract of land in Ffesno County, entered into an agreement with the corporation plaintiff, by the terms of which the plaintiff, the party of the first part therein, agreed to furnish Easton, the party of the second part, with a certain amount of water for the purpose of irrigating his land, until the sixteenth day of February, 1921, and during the existence of the corporation. Easton, on his part, covenanted…
1Opinion of the CourtThornton, J.
The contract binds Easton, but we cannot see it binds defendants personally. Rowell was no party to the contract, nor do we see that he ever agreed to bind himself personally for its performance.
East on owned certain lands, and while owner made a contract in writing with plaintiff to furnish water for a certain period for a certain price, which Easton agreed to pay, and that his successors in interest should pay, annually, on certain days of the year.
He also covenanted that the contract and the covenants therein contained on his part should “run with and bind the land.”
A lien may be created…
2Cases cited1 opinion
- Spect v. GreggCalifornia Supreme Court · 1875
3Cited by35 opinions
- Stanislaus Water Co. v. BachmanCalifornia Supreme Court · 1908
- Murphy v. KerrDistrict Court, D. New Mexico · 1923
- Lisenby v. NewtonCalifornia Supreme Court · 1898
- Henrici v. South Feather Land & Water Co.California Supreme Court · 1918
- City of Dallas v. RutledgeCourt of Appeals of Texas · 1924
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