Telander

In this action plaintiff sought to recover from defendant damages in the sum of $1,025, alleged to have been sustained on account of defendant’s breach of a contract, whereby it is alleged it was obligated to furnish him a supply of water for irrigation and domestic use upon a certain tract of land. The appeal is by defendant from a judgment in favor of plaintiff.

As appears from the record, the material facts are: That a corporation known as Tujunga Company was the owner of a tract of land designated as Hansen Heights, for the irrigation of which, by means of pipe-lines and a water system constructed by it, it claimed the right to divert the waters of the Tujunga River. As such owner of said tract of land and the waters of the Tujunga River, it, about February 1, 1910, sold and conveyed to one H. H. Miller lots 23 and 34 of said tract, and at the same time executed- a contract to the grantee of said lots whereby it agreed to sell and deliver to the purchaser thereof a supply of water for irrigation and domestic use thereon, which deed of conveyance and contract were duly recorded; that about October 30, 1910, Miller conveyed said lots 23 and 34 of Hansen Heights, together with…