Matson v. White

One Fred Harris owned lots 25, 26, 27, 28, 29 and 30 in block 42, Pleasant View Second Addition, Jefferson county, Colorado. A well was located on lot 27.

On August 22, 1947, Harris contracted to sell lots 28, 29 and 30 to defendants in error, who were plaintiffs in the trial court and to whom we hereafter refer as plaintiffs. The agreement was in the form of a receipt and option in which Harris agreed to convey said property “together with all improvements thereon and the right to use water from a well on adjoining property at a cost for such water to be agreed upon.”

On February 26, 1948, the…