Sutter Butte Canal Co. v. Richvale Land Co.
Opinion
Lead Opinion
Burnett, J.
The action was brought to recover $129 for water alleged to have been furnished to the Richvale Land Company under a certain contract, which is set out in the complaint and which makes the charge a lien upon the land to be irrigated. The real property involved consists of lot No. 35, and the east half of lot No. 36 of Riehvale Colony, No. 1, in Butte County, the legal title to which was and is in said Land Company, although prior to the execution of said contract for water Bradley and Ralls had entered into an agreement with the Riehvale Land Company for the purchase of the land, and they were actually in the possession and use of it during the year 1914, the period with which we are herein concerned. At the beginning of the trial, the Riehvale Land Company withdrew, anjl the trial was had on the complaint and answer and the cross-complaint of Bradley and Ralls and answer thereto by plaintiff. The cross-complaint denied that plaintiff had furnished the water as agreed, and cross-complainants set up a claim for damages to their crop of rice because of the failure to deliver the water in time, also a claim for compensation for 4.18 acres of land alleged to have been taken by…