Newell

Plaintiff sued in equity to have it adjudged that he was entitled to receive from the defendant, a public service corporation, water for domestic purposes, free of charge, to be used on two certain lots of land in the city of Redondo Beach. The complaint and the amendment thereto alleges that on August 5, 1887, three sisters by the name of Dominguez, owners of a tract of one thousand acres, situated in what is now Redondo Beach, entered into an agreement with two parties by the name of Silent and McFarland to sell the land to them for the purpose of subdividing, platting, and offering the land for sale to the public. One of the conditions of the agreement was that six acres in one-acre lots should be reserved to the owners which “shall be entitled to water for domestic purposes (not to exceed one residence for each acre lot) free of charge from any water works which may be erected upon said premises.” This agreement was duly recorded and thereafter, on September 29, 1890, the said owners' conyeyed the land to* the Redondo Beach Company, the assignees of Silent and McFarland “in fulfillment of an agreement entered into on the 5th day of August, 1887, . . . whereby the parties of…