Pestal v. O'Donnell

Action for specific performance brought by 0 ’Donnell against Pestal. Judgment for plaintiff O’Donnell, and defendant Pestal brings the case here and applies for supersedeas. The plaintiff in error will he hereinafter referred to as the defendant, and the defendant in error as the plaintiff.

On August 12, 1925, plaintiff was the owner of a half section of land located about thirteen miles from Lamar, with water rights consisting of 144 shares in the Ft. Lyon Canal Company, and defendant was' the owner of residence property in the city of Lamar. On that date the parties met for the first time,…