Barfield v. South Side Irrigation Co.

Citations

• 111 Cal. 118
• 43 P. 406
• 1896 Cal. LEXIS 553

Syllabus

<p>Prácticos—Appeal — Bill op Exceptions — Specification op Errors op Law.—Errors of law occurring at the trial need not be specified in the bill of exceptions, in order to entitle them to be considered on appeal. False Representations—Location op Water Ditcii.-—In an action to cancel a deed for a right of way for a water ditch, an allegation of the breach by the defendant of an agreement to construct the ditch in such a manner as to enable the plaintiff to irrigate her land in the easiest and most practicable manner, is not sustained by mere evidence that in a particular locality the ditch might have been placed on higher land.</p> <p>Id.—-Adequacy op Water Supply—Parol Evidence.—In an action to cancel such deed, on account of the false representations of the defendant as to its ownership of the waters of a certain source of supply, which were represented by it as being sufficient to irrigate the plaintiff’s laud, parol evidence of such representations and of their falsity, and that the deed was made by reason thereof, is admissible; and upon such evidence being introduced, it is error to grant a nonsuit.</p>