Fresno Milling Co. v. Fresno Canal & Irrigation Co.

Citations

• 4 Cal. Unrep. 592
• 36 P. 412
• 1894 Cal. LEXIS 1214

Syllabus

<p>Contract for Water-power—Construction.—A contract for the use of water as a motive power for a mill gives the mill no right to use such water for any other purpose.</p> <p>Contract for Water-power—Damages for Breach.—Under a contract for the use of water as a motive power the mill owner is not damaged by a failure to deliver the amount of water called for, when an amount equal to the full capacity of plaintiff’s mill wheel is delivered.</p> <p>Judgment—Pleading in Bar During Time for Appeal.—A judgment cannot be pleaded in bar during the time for appeal therefrom and while a motion for a new trial is pending.</p>