Severini

Plaintiff sued the defendant for damages in the sum of $7,000 claimed to have been caused by the failure and refusal of the defendant to furnish water to plaintiff for irrigating his lands during the season of 1919. The trial court granted a motion for nonsuit and the appeal is from the judgment entered thereupon in favor of defendant. Plaintiff purchased the land from the Sutter Irrigated Farms Company. Prior to said sale the company had entered into a contract with the Sutter County Canal Company, predecessor of defendant, for a supply of water at the price of two dollars per acre, payable on the first day of September of each year. This contract for the supply of water was recorded, and it expressly provided that the water was to be appurtenant to the land. Plaintiff's purchase was of twenty-nine acres, and in 1910, 1912, 1915, and 1916 he planted it to fruit of different kinds. During each year from 1910 to 1918, inclusive, he received from defendant and paid for water at said agreed price. In the year 1919 he made a request of defendant for water pursuant to his contract, but the latter refused to furnish it unless plaintiff would pay one dollar per acre on February 1st. This…