Adams v. Twin Falls-Oakley Land & Water Co.
Idaho Supreme Court
Original application for writ of mandate to compel the delivery of water for irrigation purposes. Having paid the maintenance and operating expense as fixed for the season of 1916, it is the duty of defendants to deliver the water for the irrigation of plaintiffs’ crops, and determine the question of arrears on the contract afterward. (Shelby v. Farmers’ Co-Op.
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Original application for writ of mandate to compel the delivery of water for irrigation purposes. Having paid the maintenance and operating expense as fixed for the season of 1916, it is the duty of defendants to deliver the water for the irrigation of plaintiffs’ crops, and determine the question of arrears on the contract afterward. (Shelby v. Farmers’ Co-Op. Ditch Co., 10 Ida. 723 (738), 80 Pac. 222.) “The law in force when a contract is made is a part of such contract as fully as if its provisions had been incorporated into such contract.” (2 Page on Contracts, par. 1117; 9 Cyc. 582.)…
1Opinion of the CourtBudge, J.
This is an original proceeding brought in this court upon plaintiffs’ petition for writ of mandate to compel the defendants to deliver water for irrigation purposes to the plaintiffs, who are settlers upon what is commonly known as the Oakley Carey Act Project, situated in Cassia county.
The Twin Falls-Oakley Land & Water Company which, for brevity, will hereafter be called the construction company, entered into a contract with the state of Idaho through its state board of land commissioners on August 12, 1909, wherein and whereby it was agreed that certain irrigation works should be…
2Cases cited2 opinions
- Bennett v. Twin Falls North Side Land & Water Co.Idaho Supreme Court · 1915
- Childs v. NeitzelIdaho Supreme Court · 1914
3Cited by15 opinions
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- Poole v. OlavesonIdaho Supreme Court · 1960
- Short v. PraisewaterIdaho Supreme Court · 1922
- North Side Canal Co. v. Idaho Farms Co.Idaho Supreme Court · 1939
- Leland v. Twin Falls Canal Co.Idaho Supreme Court · 1931
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