David v. Brokaw

The question presented for solution is, “have the plaintiffs an irrevocable license or easement in the water of the spring belonging to the defendants!” There is no controversy about an oral agreement having been entered into between the parties. There is some dispute between them as to the terms of the oral agreement. If the agreement amounted to a mere license, it is revocable by the licensor at his pleasure. However, if relying upon the license plaintiffs have made material and permanent improvements the license has become irrevocable, if its revocation would constitute a fraud upon…