Daly v. Ruddell

These are separate appeals, the one from the judgment, the other from the order denying defendant’s motion for a new trial. They may, however, be considered together.

Ruddell and the plaintiffs Truesdell were owners of certain water rights. They entered into a contract with Smith, since deceased, whose estate is represented by Daly, administrator and plaintiff, whereby Smith was to furnish and lay certain pipe for the conduct of the water developed and to be developed, in return for which he was to receive a certain proportion of the water thus conveyed during the " dry season of the year.”…