Lillis

This appeal is by the Belmore Land & Water Company from the judgment in favor of the plaintiff upon a transcript of the testimony prepared by the phonographic reporter under section 953a of the Code of Civil Procedure.

The action is for the reformation of a certain contract, made on the. third day of March, 1904, and duly entered and filed of record in the office of the county recorder of Fresno County on the second day of November, 1905, by and between the defendant, Silver Creek & Panoche Land & Water Company, and one W. J. Hayes, predecessor in interest of the plaintiff, and whereby it was stipulated and agreed that said Hayes was entitled to the use of and to divert upon his lands, from the irrigating canal of the Panoche company, a certain quantity of water, such diversion to be made by means of a lateral connected with the main canal.

The controversy here arises over a dispute between the parties as to the quantity of water to which the parties intended, by their agreement, to stipulate and agree that said Hayes should be entitled. The contract is set out in haeo verba in the complaint, and in the respect as to which the dispute here has arisen reads as follows: “ ... It…