Cove Irrigation Co. v. Yellowstone Ditch Co.

This is an appeal from a judgment upon pleadings. The pleadings consisted of a complaint, answer and reply. The *282parties are mutual irrigation or ditch, companies, organized for the purpose of supplying water to their stockholders. For convenience we shall refer to the appellant, plaintiff below, as well as its predecessors, simply as Cove, and the respondent, defendant below, as Yellowstone.

Yellowstone and Cove entered into an agreement dated January 25, 1906. The agreement is part of the complaint. The agreement is a bilateral one, containing mutual and reciprocal covenants. On the part of…