Abbott

A demurrer to plaintiff’s second amended complaint was sustained without leave to amend, and judgment of dismissal was entered, and the plaintiff appeals.

The complaint is very long, but for the purposes of this opinion the facts alleged may be stated as follows: The defendant is a corporation owning large quantities of land and certain water rights, canals and ditches, by means of which much of its lands, including the six hundred and forty acre tract in controversy, may be irrigated. For several years prior to October 1, 1886, the defendant leased portions of the lands to different persons under cropping contracts, and these contracts contained a clause giving the cropper the right *26 to purchase the land described in the contract, for a price and upon terms therein stated, at any time before the expiration of the lease. The price fixed in these contracts included a water right of forty inches of water for each forty acres. The defendant also advertised that it would,let its lands upon these terms, and also had adopted a resolution to that effect. Joseph Marriott had occupied the land here in question for several years prior to October 1, 1886, under leases or contracts…