North Fork Water Co. v. Medland

Citations

• 187 F. 163
• 1911 U.S. App. LEXIS 5387

Syllabus

<p>1. Injunction (§ 1*) — Right to Relief.</p> <p>Injunction is not a matter of absolute right.</p> <p>fEd. Note. — For other cases, see Injunction, Dee. Dig. § l.*l</p> <p>2. Action (§ 1®) — Injunction (§ 59®) — Specific Pekeokmance (§ 8®) — Breach ■ — Remedies.</p> <p>One has an absolute right to sue at law for damages sustained through breach of contract; but equitable relief, such as injunction or specific performance, is discretionary with the chancellor.</p> <p>fEd. Note. — For other cases, see Actim, Cent. Dig. §§ 1-9; Doc. Dig. § 1:* Injunction, Cent. Dig. §§ 114-110; Dec. Dig. § 50;® Specific Performance, Cent. Dig. §§ 17, 18; Dec. Dig. § 8.®]</p> <p>3. Waters and Water Courses (§ 254*) — Irrigation—Contracts—Practical Construction — Estoppel.</p> <p>Thirteen years acquiescence in practical construction given a contract to supply water for irrigation estops a consuming company to claim a larger quantity than has been furnished, especially where large and flourishing communities have been built up at great expense under such construction.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Dec. Dig. § 254.*]</p> <p>4. Waters and Water Courses (§ 132*) — Appropriation—Essentials.</p> <p>The most essential element of an appropriation, of water is application to a beneficial purpose.</p> <p>[Ed. Note. — For other cases, see Waters and Water Courses, Dec. Dig. § 132.*]</p> <p>5. W'aters and Water Courses (§ 254*) — Irrigation Contracts — Construction — Quantity to be Supplied.</p> <p>To secure a definite water supply, ditch owners entitled to one-half the waters of a stream contracted with an irrigation company that surplus waters might be disposed of by the company. The contract provided that substantially one-half of all water taken from the stream, aside from that supplied from the company’s reservoir, should flow into the ditch. Held that, if the contract was intended to require one-half of the water of the river to be put into the ditch regar