Thomas E. Jeremy Estate v. Salt Lake City

PRATT, District Judge.

On July 24, 1924, Thomas E. Jeremy, now deceased, by written contract gave Salt Lake City a 35-foot right of way across his lands upon which to build a drainage canal. The terms of the contract covering consideration read as follows:

“That for and in consideration of the sum of One Dollar ($1.00) to him in hand paid, receipt whereof is hereby acknowledged by the grantor, and of the covenants and agreements to be performed by the grantee * * *. And the grantor is given the right to use the waters of said canal for irrigation and other beneficial purposes.”

The canal was…