Markham Irr. Co. v. Brown

The parties to this controversy, Markham Irrigation Company and Sig Brown, had a written contract of date January 2, 1917, under which, for a rental of one-fifth of all crops raised thereon, the former agreed to use its best efforts — subject to the rights of its other tenants and to the limitations in its contracts then in use with them —to furnish sufficient water for the irrigation of the latter’s rice land for a period of five years, inclusive of 1917. Brown planted .490 acres in rice for the year 1917, and the company furnished sufficient water to properly irrigate it up to about July…