Lombard v. Schlotfeldt

Citations

• 68 Wash. 518
• 123 P. 787
• 1912 Wash. LEXIS 1325

Syllabus

<p>Watebs and Water Courses — Conveyance—Actions—Parties— Defect of Parties Defendant. In an action to enforce a contract for the delivery of water by an irrigation company, the contract calling for all water not theretofore sold to others, the parties to the contract are the only necessary parties, there being no defect of parties by reason of the absence of the prior purchasers of water.</p> <p>Waters and Water Courses — Contracts for Water — Actions— Defenses — Fraud. In an action to enforce a contract for the delivery of water by an irrigation company, made in consideration of the sale of the stock of the company, the fact of false representations in the sale is no defense, where no damages for loss caused by such false representations are claimed and no rescission of the sale is sought by the defendants.</p> <p>Waters and Water Courses — Irrigation — Water Contracts— Quantity of Water — Losses—Construction of Agreement. A contract of an irrigation company reciting that it was at one time the owner of 31 cubic feet of water per second of time appropriated from the Y. river, and agreeing to deliver all of the same not theretofore sold to other parties along an open canal (the amount thus disposed of being 25.87 cubic feet per second of time), does not convey 5.13 cubic feet of water to be delivered at points distant from the point of diversion no specific quantity being mentioned, but covers only such part of the 31 cubic feet appropriated as remained in the canal at the point of delivery, and could be made to flow by the exercise of reasonable diligence and care under the existing conditions, after allowing for evaporation, seepage, and other losses.</p> <p>Same — Estoppel to Dispute Deed. In such a case, the company, having executed a deed for the 5.13 cubic feet of water, would not be estopped to dispute its deed for the 5.13 cubic feet by showing that there was not sufficient water to supply what had theretofore been sold to others, where the officers of the