Ashley

The action was for damages for the failure of defendant to furnish sufficient water for the irrigation of a rice crop on 450 acres of land belonging to plaintiff, Ashley. The claim was for $30,000 and a jury awarded to plaintiffs the sum of $1,800. Only one point is made by appellant, namely, that the evidence is insufficient to support the verdict. The contention is based upon the claim of the insufficiency of the evidence to establish a contract, between the parties, but more particularly, as we understand the contention, that in the asserted contract which is the basis of this action respondents waived any claim for damages. As appellant states: “In the spring of 1918 P. N. Ashley owned some land and was about to purchase and afterward did purchase for cropping to rice during that season other lands which he and certain tenants and associates afterward during that year sought to crop to rice. Of course, water was necessary for the enterprise. No irri gation ditches had as yet been constructed to any of these lands and Mr. Ashley along about April, 1918, took up with appellant a proposition whereby it was to construct ditches and canals to these lands in order that they might…