Lanthier

This is an action to enforce an agreement involving a water right. In 1929, C. W. Wharton was the owner of a piece of land in San Benito County, on which he had partly constructed a dwelling house, and had installed a well, equipped with a pump and motor. Negotiations were commenced by plaintiff to purchase a portion of the land including the house, but not including the part on which the *355 well was located. Plaintiff declared that he would not buy the property unless he could get water for domestic purposes, and the parties, thereupon, contemporaneously with the execution of the deed, entered into an agreement providing as follows :

Plaintiff then proceeded to occupy the land, connected to the pipe-line, and used the water regularly for domestic purposes. Wharton charged him 50 cents per month for the electricity, raising it subsequently to 75 cents per month. In 1931 Wharton died and defendant, his administrator, raised the charge to $1.25 per month. In February, 1933, defendant disconnected the pipe-line, and refused to permit the further taking of water. Plaintiff then brought this action. The lower court concluded that the agreement set forth above created an easement in…