Hodges Irr. Co. v. Swan Creek Canal Co.

WADE, Justice.

The Hodges Irrigation Company, a mutual irrigation company, commenced this action against the Swan Creek Canal Company, also a mutual irrigation company, for contribution of expenses for the maintenance and operation of a canal used by both companies as provided by Sec. 100-1-9, U. C. A. 1943, to which suit the defendant answered that their respective liabilities for maintenance and repair were governed by a contract entered into in 1903 between it and plaintiff’s predecessor in interest. From a judgment of no cause of action plaintiff appeals.

The Swan Creek Canal Company, the…