Vinyard v. North Side Canal Co., Ltd.

A history of this case and the issues are set forth in Vinyard v. North Side Canal Co., 38 Ida. 73, 223 Pac. 1072, wherein the court reversed and remanded the ease for the trial court to find whether there was any surplus storage water, holding that if there was, appellant and his class would be entitled to their pro rata share.

The principal point in the appeal herein is that the trial court, instead of making specific findings on the question of surplus, set forth a conclusion that there was no surplus. A specific finding should have been made but since it was not, if the facts show that no…