Chase

This is an appeal from the judgment, with a bill of exceptions, and is the second appeal in the case: See 87 Cal. 561 , 25 Pac. 756 , and 26 Pac. 825 . The nature of the case, and most of the facts necessary for understanding it, are there stated. As stated, the action was brought to have a contract reformed to accord with the alleged intention of the parties, which, it was averred, was to sell two and one-quarter inches of water, miners’ measure, under a four-inch pressure, whereas, by the fraud of defendant, the contract was so drawn as to entitle defendant to all the water which would run through two connections of a two-inch iron pipe, entering the side of plaintiff’s flume near the bottom, to be carried through one and one-half inch standard pipes. The defendant answered, and filed a cross-complaint asking for a specific performance of the agreement, and a restoration of the pipes which had been removed by plaintiff, etc. Upon the first trial he had judgment, and the plaintiff appealed to this court, when it was held that the contract meant, and could only mean, without rendering some part of it inoperative, that “two and one-quarter inches of water, miner’s measure, under a…