Auburn

This is an action to recover the agreed price for the construction of a concrete culvert at the crossing of the street known as Railroad street, over plaintiff’s canal. The cause was tried by the court and plaintiff had judgment, from which the defendant appeals on the judgment-roll.

The court found the averments of the complaint to be true and the affirmative averments of the answer to be untrue. We have, therefore, only the sufficiency of the complaint to deal with, for it constitutes the findings of the court. The sole question is, Do the findings support the judgment?

It is found that plaintiff is a duly organized corporation, owning and operating that certain ditch or canal formerly known as the Bear river and Auburn ditch and now called the South Tuba Water Company’s canal; that said canal was constructed during the years 1850 and 1851, and conveyed the waters of Bear creek from a point near Colfax, Placer county, to and past the town, now city, of Auburn, carrying waters to the westerly portion of said county and disposing of the same for mining, agricultural, irrigation and other enumerated purposes, and, ever since the years 1850 and 1851, plaintiff and its predecessors…