Dern

Dern v. Tanner

Good Law
96 F.2d 401·1938 U.S. App. LEXIS 3487
United States Court of Appeals for the Ninth CircuitApril 27, 1938No. 8712California2,960 words

Opinion

Lead Opinion

Garrecht, J.

Appellants in this appeal were plaintiffs in the court below. Their complaint sets forth two causes of action, the first alleges their ownership of certain semiarid land and water rights situated in Madison county, Montana; that on the 1st day of October, 1926, they leased the said land and the said water rights to one L. E. Taylor for five years for an annual cash rental with the option to him to purchase the said land *402 at any time within the five years for a price of $10,000. The complaint also alleges that the defendants interfered with plaintiffs’ lessee in the use of said water rights in various ways resulting in damages to the land and crops with the result, as the said complaint states, “that by reason of the said acts of the defendants the said Taylor was prevented thereby from buying the said land under said option; that said Taylor would have exercised said option and purchased said land at the price of $10,000.00 on or prior to March 1, 1932 except for the said acts of defendants; that said land on March 1, 1932 was not worth to exceed $6,900.00 and plaintiffs by the sale of the same for $10,000.00 would have made a profit of $3,100.00 and because of the loss of the…

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