Sefton v. Prentice

Citations

• 103 Cal. 670
• 37 P. 641
• 1894 Cal. LEXIS 843

Syllabus

<p>Water Rights—Construction oe Contract—Cutting Hole in Pipe.— A contract for the furnishing of water to the party of the second part, bis executors and assigns, to be delivered at the northwest corner of a specified section of land, “through and from a pipe, flume, or conduit,” to be constructed by the party of the first part, does not give to the party of the second part, nor any of his successors or assigns, the right to cut a hole in a pipe constructed one hundred and seventy feet in elevation above' the corner specified, or to attach another pipe to it hermetically, or to use the pressure which it affords, for the purpose of carrying water upon land above the elevation .of the corner section not originally owned by the party of the second part, at the date of the contract.</p> <p>Id.—Use oe Conduit—Pressure.—The provision of the contract that the water was to be delivered “ through and from a pipe, flume, or conduit, ” does not imply a contract to deliver any part of the conduit itself, or the furnishing of any “pressure” therefrom, but merely includes such delivery of the water bargained for as would give to the party of the second part the reasonable opportunity of taking possession of the water ■ delivered when separated from the conduit.</p>