Hunt

This is an appeal from a judgment, and involves the validity of an order sustaining a general demurrer interposed to an amended complaint by the defendant Oroville Water Company. The complaint (it is quite lengthy, and we give such a synopsis of it as we deem pertinent on this appeal) alleged that in 1887 an association known as the Thermalito Colony Company was the owner of two or three thousand acres of land near Oroville, Butte County, and was the owner at the same time of a large supply of water; that it had surveyed said land into lots and blocks for a colony site, and had laid mains and water-pipes along the avenues of said tract, and was running water through them for the purpose of irrigating said lots and blocks so as to enable the production thereon of citrus fruitsthat thereafter, and prior to 1889, plaintiff entered into a written contract with said company to purchase, and did purchase, a block of land consisting of twenty acres; that as part of said contract and sale said company sold to plaintiff a sufficient amount of water from its said water-supply to irrigate said twenty acres of land so that it would grow citrus fruits thereon, which water was to be delivered…