Legal Opinion

Gravity Canal Co. v. Sisk

Court of Appeals of Texas

Decided May 11, 1906PublishedCited by 3 opinions

Error from the District Court of Matagorda County. Tried below before Hon. Jesse Matthews.

1Opinion of the Court

PLEASANTS, Associate Justice.

The Gravity Canal Company brought this suit against C. L. J. Sisk and J. L. Phelps to recover one-fifth of the rice grown by the defendants in the year 1904 upon a tract of land in Matagorda County, described in the petition.

The suit is based upon a written contract executed by plaintiff and the defendants, by the terms of which plaintiff undertook, upon certain conditions named in said contract, “to use its best endeavors” to furnish a sufficient quantity of water through its canal and laterals to properly irrigate the rice planted by defendants on said land, and…

2Cases cited4 opinions

  1. Cleveland v. WilliamsTexas Supreme Court · 1867
  2. R. Boaz & Co. v. Schneider & DavisTexas Supreme Court · 1887
  3. H. J. Allen & Bros. v. MeltonTexas Supreme Court · 1885
  4. Wheeler v. WheelerTexas Supreme Court · 1886

3Cited by3 opinions

  1. Masterson v. Amarillo Oil Co.Court of Appeals of Texas · 1923
  2. O'CONNOR v. Fred M. Manning, Inc.Court of Appeals of Texas · 1953
  3. Josey v. Beaumont Waterworks Co.Court of Appeals of Texas · 1916

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