Hotchkin v. Wenatchee Heights Orchard Co.

Citations

• 75 Wash. 361
• 134 P. 1055
• 1913 Wash. LEXIS 1720

Syllabus

<p>Waters and Water Courses — Irrigation—Contracts—Performance — Question for Jury. Tbe failure of a water company to furnish water as covenanted in its deed, is for the jury, where there was evidence that, at the time the water was most needed to mature a crop, the flume carried very little water or was entirely dry, and upon demand no water was furnished except at intervals and in limited quantities.</p> <p>Same — Contracts—Construction. A contract to furnish water for irrigation to the amount of two acre-feet per acre during the irrigation season from April 1st to November 1st, the water to be taken subject to the reasonable regulations as to time and place of taking, obligates the company to furnish water on a reasonable demand, in such quantities as the ditches will carry up to the limit specified, and a failure to do so is a breach of the contract.</p> <p>Same — Failure to Furnish Water — Damages—Evidence. In an action for breach of contract to furnish water for irrigation, resulting in the loss of an apple crop in 1909, it is proper to exclude defendant’s evidence of the apple crop produced in 1907, before the plaintiff purchased the land; but it is not prejudicial error to exclude evidence of the crop produced in 1911, where the defendant was allowed to show the crops produced in 1908 and'1910; since the same was not very material.</p>