Molyneux v. Twin Falls Canal Co.

SUTPHEN, D. J.

This is an action to recover lost profits on account of an alleged breach of a drainage tunnel contract. The appellant, a Carey Act operating company, advertised for bids in September 1929, for the construction of several tunnels to be drilled from the face of canyon walls back toward lands on its project which had seeped, the purpose being to drain such seeped lands by means of such tunnels. The tunnel involved in the instant case was advertised to be 2,000 feet, more or less, in length.

The respondent was the successful bidder and on September 14, 1929, appellant and respondent…