Hopkins

Plaintiff brought this action to recover damages for the alleged refusal of the defendant to furnish water with which to irrigate certain arid land owned by her. Judgment was in favor of the defendant. Plaintiff has appealed.

Prior to December, 1918, plaintiff became possessed of considerable acreage of land in Riverside County, which was contiguous to the canal of the defendant corporation. The latter was a mutual water company and plaintiff, desiring to become a member thereof in order to obtain water, arranged for the purchase of 145 shares of defendant’s stock. The price of this stock exceeded the sum of $5,000. Plaintiff, at the time of the purchase, paid no money on account, but gave her notes which were payable with interest and gave a mortgage on her land to secure the payment thereof. She also, under the requirement of the company, deposited the stock with the latter as collateral. By January, 1919, she owed the defendant the sum of $550.66, that being the amount of three overdue semi-annual installments of interest on the water stock account. At that time her land was encumbered with three liens: first, a trust deed securing the payment of $7,500; second, a mortgage…