Barry v. Holmesley

This action was brought by Denver Holmesley, lessee of a farm, against J. H. Barry, its owner and lessor, to recover damages resulting from the latter’s failure to pay the “permanent water assessment” for the premises for the year beginning October 1, 1918. Prom a judgment for Holmesley and an order denying his motion for a new trial Barry appeals.

On August 27, 1917, appellant leased to defendant seventy-nine acres of land, situated about twelve miles northwest of Phoenix, for a term of two years from October 1, 1917, with all the appurtenances, for $2,400, payable $100 upon the 15th of each…