Davis v. Tway
Arizona Supreme Court
APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. Appellant is the owner of land intervening between the Eastern Canal (Reclamation Service canal) and 40 acres of land owned by appellee. To irrigate his 40 acres appellee, according to-his complaint and evidence, obtained parol permission or license from appellant to make temporary ditches over and across the land of appellant.
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APPEAL from a judgment of the Superior Court of the County of Maricopa. J. C. Phillips, Judge. STATEMENT OF FACTS BY THE COURT. Appellant is the owner of land intervening between the Eastern Canal (Reclamation Service canal) and 40 acres of land owned by appellee. To irrigate his 40 acres appellee, according to-his complaint and evidence, obtained parol permission or license from appellant to make temporary ditches over and across the land of appellant. Two of such ditches were made and used for a short time, when appellant revoked the license. Whereupon the ditch involved in this suit was…
1Opinion of the CourtRoss, C. J.
Appellant assigns numerous errors, but as the question involved is fundamental, we will disregard all complaints except the one which is embodied in this question: Was the license granted irrevocable by reason .of the improvements and expenditures made and laid out by the appellee in the construction of the ditch?
The question is one of first impression in this jurisdiction. Looking to the decisions of other courts, we find there is a lack of uniformity of agreement, it being held on the one hand that an executed parol license involving the expenditure of time and money, under certain…
2Cases cited3 opinions
- Stoner v. ZuckerCalifornia Supreme Court · 1906
- Metcalf v. HartWyoming Supreme Court · 1891
- Maple Orchard Grove & Vineyard Co. v. MarshallUtah Supreme Court · 1904
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