Long

Plaintiff sued to recover from defendant the reasonable value of its services in furnishing water for the irrigation of defendant’s land, which value was alleged to be two dollars per acre. The services were rendered during the irrigation seasons of 1902, 1903, 1904, and 1905. Defendant answered, asserting that the value of the services did not exceed one dollar per acre, and denied that there was anything due from him to plaintiff. By cross-complaint he set up a contract made with the predecessor in interest of plaintiff, under which he contended that he had a permanent preferential right to water sufficient to thoroughly irrigate three hundred and twenty acres of land, and averred a failure and refusal upon the part of plaintiff to furnish sufficient water during the irrigation season of 1905 to his damage in the sum of twenty-eight hundred dollars. The court decreed defendant the permanent and preferential right under the contract for which he contended, found that he owed $616.20 for water furnished, at the rate of one dollar per acre, held him to have been damaged by the failure and refusal of plaintiff to furnish water for the season of 1905, and gave defendant judgment for…