Pima Farms Co. v. Elliott

The facts in this case are identical with the facts in the Fowler case, ante, page 331, 258 Pac. 256, except, that, when Post failed to have water ready for delivery for the season of 1920, Elliott elected, pursuant to its terms, to terminate the contract, and accordingly, in January, 1921, made a written demand upon the receiver for the return of the advanced payment of $475.80 on the purchase price, and also payment for the value of improvements placed upon the premises by him. The question is Elliott’s right to have a lien declared against the land in his favor for these two items. The…