Gause

By his second amended complaint plaintiff sought to recover damages from defendant for the latter’s alleged failure to deliver water for rice irrigation upon land which had been subleased by plaintiff from one Levisee. The complaint is in three counts, the last two incorporating by reference practically all the allegations of the first count. Indeed, the first count sets forth the basic facts of the obligation and breach of respondent, if any, and to this count extended consideration may be given. It pleads a certain written contract between said Levisee and respondent, a copy of which, is attached to the complaint and made a part thereof. By the terms of said contract respondent on the conditions therein stated agreed to sell and deliver not to exceed 600 miner’s inches of water to Levisee 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, said water “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 the specification that the water was to be used on ‘ seven hundred -and fifty acres…