Fresno Canal & Irrigation Co. v. Hart

This was an action to recover certain annual payments alleged to be due under a contract made between plaintiff and defendant (whereby plaintiff agreed to furnish water for use upon defendant’s land), and to foreclose the lien upon this land in accordance with the terms of the contract. Defendant pleaded non-execution of the contract, and further pleaded its incompleteness, and prayed for its reformation. The contract declared as follows:—

“The party of the second part, for himself, his heirs and assigns, covenants and agrees that he and his successors in interest and estate in said land will…