First Nat'l Bank of Bridgeport v. Perris Irrigation Dist.

Plaintiff a corporation, commenced this action July 22, 1893, to recover of defendant a sum of money alleged to be due the plaintiff under an assignment of a claim therefor to it made by the Ætna Iron and Steel Company, also a corporation, on May 16, 1893. The defendant is an irrigation district formed under the statute providing for the organization and government of such districts, approved March 7, 1887. One W. L. Ewing filed a complaint in intervention, but the findings and judgment were against him, and he has not appealed. The case comes here on the judgment-roll alone.

From the record it appears that on March 26, 1891, defendant made a contract with the Silver Gate Manufacturing Company, a corporation, whereby such company agreed to construct for defendant a line of wood pipe 6.5 miles in length, and to keep the same in repair, free from leakage, for the period of one year after the completion thereof; the price to be paid by defendant for such work was by the contract made payable thirty-five days after the completion of the pipe line. The construction of such pipe was completed by the Silver Gate "Manufacturing Company, or by said .¿Etna Iron and Steel Company, acting…