Gulf, Colorado & Santa Fe Railway Co. v. Dunman

Henry, Associate Justice.

R. L. Duuman made to the railway company a deed for a parcel of land upon which to erect a pump, boiler, and buildings for the purpose of supplying the engines of the company with water from an adjacent creek. The deed contains the following clause: “The aforesaid land, rights, and privileges are granted to said railway company on the further consideration that said company shall once in every seven days fill with water a certain tank owned by said Dun-man, said tank to contain not exceeding five thousand gallons of water. In the event of said company failing to fill…