Chase
San Diego Flume Co. v. Chase
Opinion
Lead Opinion
This action was brought for the purpose of having a contract for the sale of a water right for irrigation purposes reformed, and that it be declared that the amount of water “ conveyed to and owned by the defendant be limited by said contract to two and one quarter inches of water, miners’ measure, under a four- *562 inch pressure, and no more, and that he be entitled and required to take the same in accordance with such reasonable rules and regulations as may be established from time to time by plaintiff,” and for such other equitable relief in the premises as should be proper.
The contract sought to he reformed is made a part of the complaint, and shows that plaintiff and appellant, who is the party'of the first part, “contracts and agrees that the party of the second part [defendant and respondent here] shall have the right to make two connections with the said flume of said party of the first part of a two-inch pipe entering the side thereon, near the bottom.....The pipe aforesaid shall be extended from the points of connection with said flume to and be connected with the pipe system of the party of the second part in said orchard, and thereafter all water drawn from said…