Colmenero Canal Company v. Babers

WINDES, Justice.

J. C. Kimmel and his wife in March, 1951, entered into a contract with the Colmenero ■Canal Company wherein they sold to the ■company an irrigation well and pump. The Kimmels sued the canal company seeking to cancel the agreement. The company counterclaimed seeking judgment requiring specific performance of the contract. This litigation resulted in a decree requiring that the contract be specifically performed. Thereafter, the Kimmels sold their property and interest in the contract to Ben Babers. The litigation that gave birth to this appeal was initiated by Babers against…