Miller & Lux, Inc. v. San Joaquin Light & Power Corp.

This is an appeal by the defendant from a judgment granting a permanent injunction in favor of the plaintiff and intervener. The action was brought by plaintiff and respondent to enforce by injunction the terms of a contract executed some twenty years previously by plaintiff and respondent and the predecessors in interest of appellant and of intervener and respondent, and to quiet the title of respondents to the waters of the San Joaquin River and some of its tributaries, particularly the North Fork thereof, as against the appellant. The contract which involved the relative rights of the parties to the waters of the San Joaquin River was executed on the fourteenth day of June, 1909, between Miller & Lux, Incorporated, Las Animas and San Joaquin Land Company, Incorporated (a predecessor in interest of respondent Miller & Lux, Incorporated), California Pastoral & Agricultural Company, Limited, a corporation, predecessor in interest of intervener and respondent, Chowehilla Farms, Incorporated, a corporation, as parties of the first part, and San Joaquin Light and Power Company, a corporation, a predecessor in interest of appellant, as party of the second part. In its amended…