Huschke v. Arcadia Orchards Co.

Citations

• 89 Wash. 423
• 154 P. 800
• 1916 Wash. LEXIS 711

Syllabus

<p>Waters and Water Courses — Irrigation—Contract to Furnish— Time — Reasonable Time. Where a deed, of land, together with a perpetual water right, calls for a supply of water, without fixing the time when the same was to he furnished, the law fixes the time as a reasonable time, considering the facts within the contemplation of the parties at the time the contract was made.</p> <p>Same — Contracts—Action eor Damages — Pleading — Complaint —Sufficiency. In an action for damages for breach of contract to supply water called for in a water deed, the complaint states a cause of action in alleging the failure to supply the water and the resulting injury to fruit trees set out, and it is immaterial that plaintiff misconceived the measure of damages, and ashed for the difference between the value of the land with and without water upon it, instead of the damage done to the fruit trees.</p> <p>Same — Contracts—Breach—Measure of Damages. In an action for damages for failure to supply water called for by a water deed, resulting in injury to fruit trees, the proper measure of damages is the difference between the value of the growing trees had water been furnished and their value without the water, limiting the damages to such injuries as were occasioned by lack of water.</p>