Chute v. Attalia Land Co.

Citations

• 91 Wash. 4
• 156 P. 849
• 1916 Wash. LEXIS 988

Syllabus

<p>Pleading — Answer—Admissions — Parties — Capacity to Sue — Husband and Wife — Community Property. In an action for damages for failure to supply the water for irrigation of lands alleged to he owned hy the plaintiff, defendant’s answer admitting plaintiff’s ownership admits the right and capacity of the plaintiff to sue for the damages without joining his wife as a party plaintiff, although the lands may be community property.</p> <p>Waters and Water Courses — Irrigation—Contract — Breach — Action for Damages — Instructions. In an action for damages for failure to supply water for the irrigation of lands, in which the answer raised the issue that plaintiff’s damage was due to his fault in failing to receive and properly care for the water delivered, instructions are proper and sufficient where they contain a brief and concise statement of the rights and duties of the parties, followed by a direction that defendant would not be liable if its performance was rendered reasonably impracticable by plaintiff’s failure to receive and properly care for the water after notice to plaintiff that defendant was ready to furnish it, nor if the damage was due wholly to plaintiff’s acts or failure to care for such water as was furnished; and it was not error to refuse a requested instruction merely amplifying unnecessarily the rights and duties of the parties with reference to the delivery and receipt of the water.</p>