Twin Falls Oakley Land & Water Co. v. Martens
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by the Twin Falls Oakley Land & Water Company, a corporation, against John H. Martens and others, to foreclose a lien. From a decree authorizing sale for a part only of the amount of lien claimed, the complainant appeals, and defendants file cross-appeal.
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Appeal from the District Court of the United States for the Southern Division of the District of Idaho; Frank S. Dietrich, Judge. Suit by the Twin Falls Oakley Land & Water Company, a corporation, against John H. Martens and others, to foreclose a lien. From a decree authorizing sale for a part only of the amount of lien claimed, the complainant appeals, and defendants file cross-appeal. Decree set aside, and case remanded, with directions to enter a new decree, modified in accord with the opinion. In a suit in foreclosure of a lien against Martens and others the Twin Falls Land & Water…
1Opinion of the CourtHunt, Circuit Judge
(after stating the facts as above). [1] We are of opinion that the defendant acquired a contract right to 1.5 acre feet of water under his contract with the water company. The fact that the right so acquired was specified in the certificate of stock does not lessen the obligation of the company to furnish the defined amount. In the light of the inducements offered to settlers it is evident that the company intended to sell, and must be held to have agreed to sell, the specific amount of water named in the certificate. The act of the company in relinquishing certain lands to the state is…
2Cases cited5 opinions
- Twin Falls Salmon River Land & Water Co. v. CaldwellCourt of Appeals for the Ninth Circuit · 1917
- Core v. SmithSupreme Court of Oklahoma · 1909
- Basinger v. TaylorIdaho Supreme Court · 1917
- McCarty v. GoodsmanNorth Dakota Supreme Court · 1918
- Dighton v. First Exchange National BankIdaho Supreme Court · 1920
3Cited by12 opinions
- Sanderson v. Salmon River Canal Co.Idaho Supreme Court · 1921
- City of Middlesboro v. TerrellCourt of Appeals of Kentucky (pre-1976) · 1934
- Perkins v. SwainIdaho Supreme Court · 1922
- Union Central Life Ins. Co. v. AdamsSupreme Court of Oklahoma · 1934
- Idaho Irrigation Co. v. GoodingSupreme Court of the United States · 1924
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