McIntyre

In this action the plaintiffs, number ing some sixty persons, are asking for declaratory relief for the construction of a contract, etc., under section 1060 of the Code of Civil Procedure. Prom the judgment entered in the action awarding the relief prayed for by the plaintiffs, the defendants appeal.

This case was before the Supreme Court upon an appeal from a judgment sustaining a general demurrer interposed by the defendants. The opinion reversing the judgment of the lower court is reported in 205 Cal. 231 [ 270 Pac. 444 ], to which reference is hereby made for a more complete statement of the facts than is necessary to be set forth herein. The case, as referred to, decided upon demurrer by the Supreme Court, had to do with the law involved in the action, and upon this appeal, an examination of the record shows that the findings of the trial court are in accordance with the law as laid down by the Supreme Court. The findings are not attacked as being unsupported by the evidence.

The defendants upon this appeal urge: 1. That the contract of March 15, 1900, in so far as it affected waters dedicated to a public use, is invalid. 2. That the contract of March 15, 1900, was annulled…