Green Ditch Water Co. v. Salt Lake City

(dissenting in part) :

I agree that the plaintiff has shown no basis for voiding the exchange agreement. But I think the court’s opinion fails to allow the plaintiff and the shareholders the rights that contract gives them. It seems to me that a fundamental difficulty is encountered enroute to its conclusion. The only right Salt Lake City has to the waters of the Green Ditch derives from the contract referred to. The City and the plaintiff’s shareholders are bound by their contract and their rights are permanently fixed by it; neither lapse of time nor manner of use have changed them. The City…