Marysville Development Co. v. Marotz

This is the second appeal in this cause. A detailed statement of the controversy appears in the opinion of this court on the first appeal. (See 44 Ida. 469, 258 Pac. 180.)

The purpose of the action is to determine the amount due, if any, under a Carey Act water contract on lands owned by respondent. As developed at the first trial, the original contract was between predecessors of the parties hereto, and under its terms the purchaser was to pay $3,200 for 160 shares of water rights, one share to an acre of land, or $20 a share. When respondent acquired the land the purchase price of the water…