United States ex rel. Tongue & Yellowstone River Irr. Dist. v. United States Dist. Court for Dist. of Montana

(after stating the facts as above). [1] It is the contention of the relators that the District Court by its order of July 28, 1920, did change, amend, and modify the decretal parts of the final decree which was affirmed by this court. Referring lo the original contract between the parties, we find that it provided that, if the purchase price be paid in bonds, “the bonds are to be received by the party of the first part at par value and accrued interest at the time of delivery.” The contract also provided that the irrigation district might retain a sufficient number of the bonds necessary to complete the work contracted to be done on the plant by Jordan. The original decree'determined that $25,000 would be sufficient to complete the work, and directed that $25,000 should be retained by the district in lieu of performance of the work by Jordan, and should be deducted from the purchase price. The decree directed that the irrigation district mi girt detach from said bonds a sufficient number of the first maturing coupons thereon to equal the sum of $25,000. It did not direct that the coupons-so to be dclached should be a sufficient number thereof which, with interest added thereto,…