Madera Canal & Irrigation Co. v. K. Arakelian, Inc.

This is an appeal from a judgment for the contract price of water furnished for irrigation purposes, together with a decree foreclosing a lien for the security thereof. The appeal is based upon the judgment-roll alone, and a reversal is sought upon the grounds that the findings are inconsistent and that they do not support the judgment.

The plaintiff is a corporation engaged in supplying water for irrigation purposes. The defendant is also a corporation engaged in an agricultural enterprise. October 27, 1890, The German Savings & Loan Society, a corporation, was the owner of 960 acres of farm land in Madera County. On the last-mentioned date the savings and loan society entered into a written contract with the plaintiff, which was duly recorded, to supply said land for a term of thirty-eight years during each season until 1938, with “all the water that may be required by the said party of the second part (Savings and Loan Society) not exceeding at any time six cubic feet per second,” in consideration of $2,000, which was paid, and $1 per acre payable on the first day of September of each year during the term of the contract. It was also provided that this water service was…