Cargill v. Thompson
Supreme Court of Minnesota
Appeal by defendants Edward Thompson and Ara D. Sprague, from an order of the District Court of Houston County, John V/hy~ took, J. made November 24, 1893, denying their motion for a new trial. The plaintiffs, Wm.
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Appeal by defendants Edward Thompson and Ara D. Sprague, from an order of the District Court of Houston County, John V/hy~ took, J. made November 24, 1893, denying their motion for a new trial. The plaintiffs, Wm. W. Cargill and Samuel D. Cargill, complained that defendant Thompson and wife, being the owners of a dam and water power at Hokah on Eoot Eiver, on April 27, 1872, leased to White Bros, for twenty years, with right of renewal, the exclusive right to use therefrom 7,505 cubic feet of water per minute at a six foot head, they to pay $500 yearly rent. That on April 8, 1879, Thompson…
1Opinion of the CourtGilrillan, C. J.
Thompson being the owner of real estate on which was a water power, on Boot river, on April 27,1872, he and his wife executed a lease to E. Vining White and Cyrus A. White of the exclusive right to use from said water power, for twenty years from that date, 7,505 cubic feet of water per minute, at a six-foot head *540of water, at stipulated annual rent. On April 8, 1879, they executed to the same parties another lease, of the right to use for twenty years from the date of the first lease an additional quantity of water, sufficient to make, including the 7,505 feet, 10,000 cubic feet per minute…
2Cases cited7 opinions
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