Idaho Fruit Land Co. v. Great Western Beet Sugar Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, in and for the County of Elmore. Hon. E. A. "Walters, Judge. Action by plaintiff praying for a decree adjudging it, together with a number of individuals in whose behalf.it sues, to be the legal owners of the irrigation system described in the complaint. Judgment for the defendants, and the plaintiff appeals.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District, in and for the County of Elmore. Hon. E. A. "Walters, Judge. Action by plaintiff praying for a decree adjudging it, together with a number of individuals in whose behalf.it sues, to be the legal owners of the irrigation system described in the complaint. Judgment for the defendants, and the plaintiff appeals. This court has held that where the consideration has been •paid, the contract may be enforced independent of a written contract. (Deeds v. Stephens, 8 Ida. 514, 69 Pae. 534,-Stowell v. Tucker, 7 Ida. 312, 62 Pae. 1033;…
1Opinion of the CourtAilshie, J.
This action was instituted by the appellant, the Idaho Fruit Land Co., Ltd., for itself as the owner of a tract of land and on behalf of “about 300 who own lands, aggregating in all about 40,000 acres .... in Elmore county, Idaho,” alleging “that all of the owners of said lands are-owners of water rights entitling them to the use of water from the irrigation system hereinafter described, and are the joint, owners of said system, and that this plaintiff sues in his own behalf and in behalf of owners of all of said lands and water-*4rights and of said irrigation system.” The plaintiff prayed for…
2Cases cited6 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Hard v. Boise City Irrigation & Land Co.Idaho Supreme Court · 1904
- Jacobs v. ShenonIdaho Supreme Court · 1892
- Tyson v. NeillIdaho Supreme Court · 1902
- Nampa & Meridian Irrigation District v. GessIdaho Supreme Court · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Newmyer v. RoushIdaho Supreme Court · 1912
- State v. Laramie Rivers Co.Wyoming Supreme Court · 1943
- Spokane Valley Land & Water Co. v. Kootenai CountyDistrict Court, D. Idaho · 1912
- Antero & Lost Park Reservoir Co. v. LoweSupreme Court of Colorado · 1921
2 more not listed; retrieve them via the Exa API.