Diggs

The trial court sustained a demurrer to an amended complaint without leave to amend, the demurrer being both general and special, and from the judgment entered thereon the appeal has been taken. It is not disputed that the basis of the action is found in a certain written contract of January 20, 1919, between respondent and one C. W. Levisee. The complaint is too voluminous to set out in full, but respondent has furnished a fair synopsis of it, which we may adopt substantially. It alleges the execution of said contract, which is set out in haec verla, wherein respondent agreed to sell and deliver not to exceed six hundred miner’s inches of water to Devisee for irrigating land owned by or leased to him in the county of Sutter, and to deliver such water at a fixed point designated in said contract, it being expressly provided that said water was to “be used only by the consumer upon his said lands for the purpose of raising rice and beans thereon.” No lands were described in the contract further than to be designated as “seven hundred and fifty acres of land owned by or leased to the consumer in said County of Sutter.” No source of supply of the water was mentioned in the contract,…