Lillis

This is an action for the reformation of a certain contract for the use of water which, by alleged mutual mistake, was made to read “75 cubic inches flowing per second,” whereas it should have read “75 miner’s inches”; that the right to take said last mentioned amount of water be declared to be an appurtenance to land described in the complaint, to wit, lots 1, 2, 6, 7, and 10 in section 15, township 15 south, range 12 east, Mount Diablo base and meridian; that defendants be forever enjoined from interfering with plaintiff’s use of said water on his said land and, pending the action, that defendants be restrained from interfering with plaintiff in removing the obstruction which it is alleged defendants have placed in the ditch conveying said water to plaintiff’s land.

The demurrers of the respective defendants to plaintiff’s amended complaint were sustained, and plaintiff failing further to amend, judgment passed for defendants, from which plaintiff appeals.

The grounds of the demurrers are: 1. That the facts alleged are insufficient to constitute a cause of action; 2. That two causes of action are improperly united, to wit, one to reform a contract and one for violation of…