New-Brantner Extension Ditch Co. v. Kramer

For convenience, we treat defendants below the same as the original owners of the old Brantner ditch, and as parties of the first part, and plaintiff below as second parties to the contract, to avoid repeating “successors in interest.”

1. This action involves the use of priorities awarded the Brantner ditch, and is a contest between the preference right owners, under the contract, and the stockholders, over the use of the water awarded the ditch. The complaint is predicated upon plaintiff’s construction of the contract that it grants an interest in the use of the water, as well as the right of…