Maney Bros. & Co. v. Crane Creek Irrigation, Land & Power Co.

This is a companion case of Crane Creek Irrigation District v. Portland Wood Pipe Co., 231 Fed. 113 , - C. C. A. -, just decided. In fact, the present appeal and cross-appeal were prosecuted from parts of the same deóree. As stated in our opinion just referred to, the Crane Creek Irrigation, Land & Power Company is a private corporation organized and existing under the laws of the state of Idaho, and the Crane Creek Irrigation District and the Sunnyside ‘Irrigation District are public corporations organized and existing under the laws of that state. On the 22d day of August, 1910, the Irrigation & Power Company entered into two separate contracts with the two irrigation districts in question under the terms of which it agreed to construct and complete an irrigation system according to certain plans and specifications agreed upon, and upon completion. to convey to each of the irrigation districts a certain specified undivided interest therein. These contracts recited that the Irrigation & Power Company was the owner of certain w’ater rights, reservoir sites, and rights of way upon which some construction work had been performed, and it was thereupon agreed that the reservoir, dams,…