Parrott v. Twin Falls Salmon River Land & Water Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action for damages for failure to deliver water. Judgment for plaintiff. A contract providing payment of canal charges as a condition precedent to a proper demand for water will be upheld. (Sees. 5556, 5631, Comp. Stats.; Adams v. Twin Falls-Oakley Land & Water Co., 29 Ida. 357, 161 Pac. 322; Jackson v. Indian Creek etc. Irr.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action for damages for failure to deliver water. Judgment for plaintiff. A contract providing payment of canal charges as a condition precedent to a proper demand for water will be upheld. (Sees. 5556, 5631, Comp. Stats.; Adams v. Twin Falls-Oakley Land & Water Co., 29 Ida. 357, 161 Pac. 322; Jackson v. Indian Creek etc. Irr. Co., 16 Ida. 430, 101 Pac. 814.) Refusal to deliver water cannot be predicated upon failure to pay delinquent instalments on water contract or delinquent…
1Opinion of the CourtRice, J.
The respondent, a Carey Act settler, instituted this action against appellant corporations, the Twin Falls *761Salmon River Land & Water Company, a Carey Act construction company, hereafter referred to as the construction company, and the Salmon River Canal Company, hereafter called the operating company, organized for the purpose of operating the irrigation works to be constructed by the construction company as provided for in the contract between the state and the construction company. Damages are claimed for failure to deliver water during the irrigation season of 1913 under the contract…
Also in this document: Concurrence.
2Cases cited8 opinions
- Adams v. Twin Falls-Oakley Land & Water Co.Idaho Supreme Court · 1916
- Stafford v. NuttIndiana Supreme Court · 1875
- Fisk v. HenarieOregon Supreme Court · 1886
- Morrissey v. SchindlerNebraska Supreme Court · 1886
- Hanes v. Idaho Irrigation Co.Idaho Supreme Court · 1912
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- Sanderson v. Salmon River Canal Co., Ltd.Idaho Supreme Court · 1927
- McHale v. Goshen Ditch Co.Wyoming Supreme Court · 1935
- Reynolds v. North Side Canal Co.Idaho Supreme Court · 1923
- Rogers v. ThomasIdaho Supreme Court · 1924
1 more not listed; retrieve them via the Exa API.