Bodenhamer

—Appeal from an order refusing to dissolve an injunction. The plaintiff is a corporation formed for the purpose of supplying the owners of land in the Ontario Colony tract with water, and in fact supplies with water for domestic use, some two thousand five hundred people, and with water for irrigation, some six thousand acres of land, planted in fruit trees and vineyard, and dependent for water on the plaintiff. The defendant Bodenhamer was the predecessor in title and interest of the defendant corporation, and is now a contractor and agent of the latter. These parties, for a period of some tMng over four years, have been operating for the development of water on land north of and above the lands of the plaintiff, under the contract and modifications thereof referred to in the answer and affidavits as contracts Nos. 1, 2, 3, and 4,—the first, of date October 19, 1894, between the plaintiff and the defendant Bodenhamer and one Oakley; the others, of date, respectively, May 2, 1895, June 15, 1896, and May 14, 1898, between the plaintiff and the defendant corporation. The business thus carried on is referred to in some of the contracts as the “ Bodenhamer Development,” and it will be…