Nissen

This is an action for damages brought by appellant against respondents Coult, Steel, and Eichler, directors of the Cordua Irrigation District, for their alleged negligence and misconduct and wilful violation of their duties as such directors, in failing, refusing, and neglecting to supply appellant with the water necessary to irrigate and mature his rice crop growing on land situated in said district. The National Surety Company being joined as party defendant because of the fact that it had executed bonds on behalf of said directors for the faithful performance of their duties.

The case was tried by the court sitting without a jury, and judgment was rendered in favor of respondents. The facts substantially are as follows: In the forepart of 1925, W. F. Cordes being then the owner of 632 acres of land situated in said irrigation district, entered into an agreement with F. W. Johnson for the sale of said land to him, and under said agreement Johnson took possession of the land. On February 10, 1925, Johnson leased all of the westerly portion of said land, being the part that had theretofore been cropped to rice, to appellant, who agreed to plant same to rice during the 1925…