Choisser v. Eyman

OPINION

JACOBSON, Chief Judge.

The dispositive question of this case on appeal is whether the refund rights under a water extension agreement passed to the buyer of the property serviced by the water agreement.

In 1964, Choisser, the appellant, undertook to build an apartment building on his property. As there was no water on this property, he entered into an agreement with Deer Valley Utilities, a water supplier, in April of 1964 whereby Deer Valley agreed to extend its distribution facilities to serve appellant’s property; in turn, appellant agreed to post a $4,000 refundable deposit. The…