Calaway v. Jones

This is an appeal from an order of dismissal entered in the District Court, Cascade County.

This action was commenced by a complaint filed on December 5, 1972, by plaintiff Timothy T. Calaway, against defendant Sid Jones. The complaint alleged Calaway leased land from Jones in 1971, to be seeded in potatoes. Jones agreed to provide irrigation for the land. The parties additionally agreed on a division of crop shares. Calaway alleged Jones failed to provide the irrigation system required and, as a result, the entire crop was lost.

On January 3, 1973, Jones filed an answer, counterclaim and third…