Desert Irrigation Co. v. Tolmie

Defendant, Water Users Association of Carlsen Lateral, Inc., contracted with plaintiff, Desert Irrigation Co., Inc., to construct a main irrigation pipeline. The written contract provided that the plaintiff be paid “a sum not exceeding $25,000” upon completion and final billing. Completion was to be “not later than the commencement of the irrigation season of 1976 ____” Individual defendants, who are also members of the association, contracted separately with plaintiff to construct other secondary pipelines. No price was agreed to in those contracts, which were oral, although estimates were…