Turner Trust Co. v. Gillett

This is an action on a promissory note executed and delivered to respondent by appellants. As an affirmative defense, appellants, who were defendants in the court below, alleged that they entered into an agreement with respondent by which it sold and promised to deliver to them sufficient water in the Bancroft Land & Irrigation Com*345pany’s canal to irrigate 80 acres of land at the agreed price of $400, of which amount $40 was paid in cash, and appellants executed and delivered the promissory note sued on, for the balance; that, as a part of said agreement, respondent warranted that it had title…