People's Bank of Minneapolis v. Reid

*246The opinion of the court was delivered by

West, J.:

In June, 1907, the defendants contracted with an irrigation company for water rights sufficient to irrigate a certain described forty-acre tract of land in Elmore county, Idaho. The right to use this water was made applicable to any other land under the completed or proposed system of the company. The land was expressly stated to be state-selection land, belonging to the state of Idaho, and it was agreed by the company to purchase the forty acres from the state for the defendants for the sum of $10 an acre, one-tenth cash, remainder in…