Strain

—The plaintiff has appealed from a judgment which was rendered against him pursuant to an order sustaining a demurrer to an amended complaint for injunctive relief, without leave‘to amend.

The amended complaint alleges that the plaintiff is a resident and taxpayer in the East Bay Municipal Utility District, which is a quasi-municipal corporation organized under the laws of California; that the Hawaiian Sugar Refining Corporation, Limited, is a private corporation owning a large sugar refining industry located at Crockett in Contra Costa County; that the defendant and the sugar refining company executed a written contract September 18, 1935, which is attached to. the complaint and marked exhibit “A”, by the terms of which the defendant agreed to construct a pipe line and equipment for the delivery and sale to the sugar refinery company of “not less than 2,500,000 gallons of water each twenty-four (24) hours during the term of this agreement”, which is for a period of ten years, in consideration of which the sugar refinery company agrees to advance to the defendant the sum of $458,672 towards the cost of construction of the pipe-line system. The contract provides that the sugar…