Doland v. Grand Valley Irrigation Co.
Supreme Court of Colorado
Appeal from the District Court of Mesa County. The Grand River Ditch Company was a corporation organized under the laws of this state to make a diversion of water from the Grand River and to supply the same for irrigation purposes to owners of lands lying under its Grand River ditch through which the water thus diverted was carried.
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Appeal from the District Court of Mesa County. The Grand River Ditch Company was a corporation organized under the laws of this state to make a diversion of water from the Grand River and to supply the same for irrigation purposes to owners of lands lying under its Grand River ditch through which the water thus diverted was carried. With these owners it entered into contracts for the sale of water rights, by whose provisions specified quantities of water were to be delivered by the corporation to the water consumers at the headgates of their respective ditches leading from its main canal,…
1Opinion of the Court
Chibe Justice Campbell
delivered the opinion of the court.
A number of errors have been assigned to the judgment, *154but only three of the questions argued demand consideration.
1, It is said that there is a variance between the allegations of the third defense and the proof in its support. The allegation referred to is that unconditional power or authority was given to the committee to purchase the irrigation system; while the proof merely tends to show the giving of a power that was to become effective only on condition that two-thirds of the water right owners should join in its execution.
The…
2Cases cited2 opinions
- Salazar v. TaylorSupreme Court of Colorado · 1893
- King v. De CourseySupreme Court of Colorado · 1885
3Cited by5 opinions
- Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912
- Wells v. CrawfordColorado Court of Appeals · 1912
- Thompson v. WalkerMichigan Supreme Court · 1931
- Empire Ranch & Cattle Co. v. HowellColorado Court of Appeals · 1912
- Wells v. CrawfordColorado Court of Appeals · 1912