Waddell v. Williams

The Waddells leased their land to Cox and Miller for grazing and cultivation, with provisions that the grass land should be used for grazing only and that the cultivated land was to be tilled in a good farmer-like manner. Water was impounded on the leased land in large pools. There was no express provision relative to water. During the term of the lease, Waddells’ lessees sold water from the Waddell land to Empire Drilling Company and Milhoan Drilling Company for $6,000.00. By consolidated suits the Waddells sued said companies for the value of said water. Said companies impleaded Cox and…