Hoehne Ditch Co. v. John Flood Ditch Co.

This case has once before been in this court. In the opinion on the first review, 68 Colo. 531, is a statement of the facts in that record and of the law applicable thereto. On the case as then made, we held that the verbal contract by the owner of an irrigating ditch under which it agreed to carry therein the waters of another appropriator, for a period of ninety-nine years for a specified consideration, is not within the statute of frauds, and further held that it was completely performed by both parties during the first irrigating season, and, therefore, if the statute of frauds did apply,…