Meserve

The defendants Edwin A. Meserve and Harry W. Meserve have appealed from a judgment in favor of plaintiff in an action brought by it against appellants and one D. L. Smith to recover a sum alleged to be due from the three defendants for water sold and delivered to them by plaintiff.

This is a companion case to Imperial Water Co. No. 4 v. Meserve, ante, p. 593 [ 217 Pac. 548 ]. The water for the price of which this action was brought was delivered to and used upon a tract of 320 acres of land owned by the defendant Edwin A. Meserve. The complaint, mutatis mit tandis, is similar to that which plaintiff filed in the companion case. In a broad, general way the facts are quite similar to those of the other case, with, however, certain important differences presently to be mentioned.

The defendant Edwin A. Meserve filed a cross-complaint wherein he alleges substantially the following: Plaintiff is a mutual water company org*anized for the purpose of delivering water to its stockholders at cost; “the waters hereinafter alleged and referred to are the same waters which plaintiff refers to in its complaint”; plaintiff negligently permitted its canals and distributing system to become…