Hutchinson v. Mt. Vernon Water & Power Co.

Citations

• 49 Wash. 469
• 95 P. 1023
• 1908 Wash. LEXIS 606

Syllabus

<p>Pleading — Causes—Sources of Title — Separate Statement— Election. In an action to establish water rights, based upon the plaintiffs’ claims under (1) riparian ownership, (2) appropriation, and (3) contract, a motion to separately state the several causes of action and to elect upon which they will rely is properly overruled; since there was but one indivisible cause of action, and the independent sources of plaintiff’s title do not constitute separate causes.</p> <p>Compromise and Settlement — Contract—Consideration. An agreement or compromise fixing the rights of several parties in the future use of the waters of a spring is supported by a sufficient consideration where the parties seeking to enforce the contract had previously claimed in good faith as riparian owners and appropriators of a specified portion of the water, and the compromise recites such claim and that the same is superior to the claim of the other party to the contract.</p> <p>Contracts — Forfeiture—Construction. In an action to enforce a contract, a clause of which provided that the plaintiffs’ rights should remain the same in case of forfeiture by the defendant, the question of forfeiture is immaterial.</p> <p>Damages — Substantiae Damages — Evidence — Sufficiency — Opinions — Competency. The' evidence is sufficient to establish substantial damages, and it is error to find only nominal damages, where it appears that, in violation of a contract, a water company failed for three years to supply water to plaintiff for the purpose of irrigating a garden tract of nine acres, whereby the crops failed to mature for lack of water and were materially damaged, and that the net value of the crop for 1904 was $600 less than it would have been, and for 1905, $700 less, and for 1906, $860 less, according to the estimate or opinion of one of the parties, which is competent but not conclusive evidence of the actual loss; and judgment for substantial damages will be given in at least the sum appearing to have