Colburn v. Wilson
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge.- Action to enjoin the directors of an irrigation district from attempting to carry out a certain alleged contract, on the' ground the same was ultra vires. The third party intervened. Judgment for the plaintiff and intervenor appealed.
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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge.- Action to enjoin the directors of an irrigation district from attempting to carry out a certain alleged contract, on the' ground the same was ultra vires. The third party intervened. Judgment for the plaintiff and intervenor appealed. Irrigation districts are formed for the sole purpose of obtaining and distributing water for the irrigation of the lands within the district, and the irrigation district law will be given a liberal construction so as to sustain contracts having for their…
1Opinion of the CourtAilshie, C. J.
— The judgment in this case should be affirmed.
In the first place, the contract is so imperfect, indefinite and incomplete as to render it impossible for a court to enter a decree for its enforcement or to determine its real terms and provisions. It provides on its face that it is to be completed at some future time andJjjj^^f^H^^^J^^mpleted contract.
In the second plgj>" cipal corporatio-' ing ways ap. and main;! {Pionee‘ of No, Pac., Ca, *340tract it is proposed to place the management and control of the dam and reservoir and a certain part of the main canal which supplies the water users of the…
2Cases cited4 opinions
- Merchants National Bank v. Escondido Irrigation DistrictCalifornia Supreme Court · 1904
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
- Pioneer Irrigation District v. WalkerIdaho Supreme Court · 1911
3Cited by18 opinions
- Ivanhoe Irrigation District v. All Parties & PersonsCalifornia Supreme Court · 1957
- Columbia Irrigation District v. Benton CountyWashington Supreme Court · 1928
- Lewiston Orchards Irrigation District v. GilmoreIdaho Supreme Court · 1933
- Bottoms v. Madera Irrigation DistrictCalifornia Court of Appeal · 1925
- Jones v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1969
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