Danley

The plaintiff, the appellant herein, as an owner of land situated in the county of Merced and within the exterior boundaries of the Merced Irrigation District, 'began this action for the purpose of restraining the irrigation district and its directors from entering into a certain contract obligating the district to pay to certain persons, hereafter designated as contract holders, annually for seventeen years the sum of $70,000 and upward.

The trial court sustained the defendants’ demurrer to the plaintiff’s complaint without leave to amend and thereafter entered judgment in favor of the defendants.

Prior to the formation of the Merced Irrigation District, the Merced Canal and Irrigation'Company and its successor, the Crocker-Huffman Land and Water Company, entered into contracts with divers persons by the terms and conditions of which contracts said canal company and its successor, the Crocker-Huffman Land and Water Company, agreed to supply water from their canal system to such persons for the purposes of irrigation.

These contracts differ somewhat in formation but are " separable into different classes, one of the contracts of each class being attached to the plaintiff’s…