City of Bend v. Title & Trust Co.

Some time prior to the year 1925 the city of Bend became desirous of securing a supply of water for municipal purposes out of the flow of Tumalo creek. Since all of the water of that stream had already been appropriated by others the officials of the city proposed to secure water from the Deschutes river and trade it for the desired quantity from Tumalo creek. January 29, 1925, the city and the defendant executed the following contract:

“Whereas, the party of the first part is desirous of securing at least eleven (11) second feet of water from the direct perennial flow of Tnmalo creek for…