Gray v. Salt River Valley Canal Co.

The plaintiff brings his action for damages for failure to deliver 100 inches of water purchased by him. Gray was a stockholder in the defendant company, and, under its rules, an application for water during the “water year” was required. He did so apply for 100 inches of water, and paid part of the purchase-money, the treasurer telling him *228it was not sufficient, and would not enter such payment on the boohs. Subsequently, on receiving the required sum, viz., $125, he did enter such payment on the books of the company. When the payment was made, Gray did not sign a note for the balance, which…