Bank of Cal. v. Fresno Canal & Irrigation Co.
California Supreme Court
Appeal from the District Court of the Thirteenth "Judicial District, Fresno County. The plaintiff owned thirteen thousand four hundred acres of land in Kern County, where the defendant owned a water-ditch, and was engaged in supplying water to farmers for irrigating purposes. The plaintiff’s lands, without water for irrigation, would' not produce crops, and could be supplied only by the defendant.
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Appeal from the District Court of the Thirteenth "Judicial District, Fresno County. The plaintiff owned thirteen thousand four hundred acres of land in Kern County, where the defendant owned a water-ditch, and was engaged in supplying water to farmers for irrigating purposes. The plaintiff’s lands, without water for irrigation, would' not produce crops, and could be supplied only by the defendant. A contract was entered into between the plaintiff and the defendant, whereby the latter agreed to furnish the former with eighty-five and one-half cubic feet of water per second, for the purpose of…
1Opinion of the Court
By the Court :
The appeal is taken from an order dissolving an injunction. The complaint does not state a cause of action. It is not alleged that the defendant has broken the contract under which the plaintiff claims the eighty-five and one-half cubic feet of water, but only that the defendant is about to enter into other contracts for the delivery of water to other persons, whereby the defendant will have contracted for the delivery of more water in the aggregate than the capacity of its ditch will enable it to supply. But even if this be true in point of fact, it does not follow that the…
2Cited by3 opinions
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