[Download] "Cove Irr. Dist. v. Yellowstone Ditch Co." by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: Cove Irr. Dist. v. Yellowstone Ditch Co.
• Author : Supreme Court of Montana
• Release Date : January 21, 1931
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Submitted September 11, 1931. Contracts — Construction — Waters — Transfer by Ditch Company of System to Irrigation District — Agreement to Furnish Stockholders of Company Water Without Expense Incident to Improvements — District not Entitled to Contribution from Stockholders of Seller Company for Share of Expense — Contract Controlling — Complaint — Insufficiency. Contracts — Construction as of Time When Made — Intention of Parties. 1. Under sections 10521 and 10520, Revised Codes 1921, a contract the provisions of which are called in question years after its making, must be construed in the light of the circumstances under which it was made, and the then intention of the parties must be pursued, if possible. Same — What not Excuse for Nonperformance. 2. The fact that compliance with a contract becomes more onerous than was contemplated at the time it was entered into does not excuse performance according to its terms. Same — Waters — Ditch Companies — Purchase of System by Irrigation District — Agreement to Furnish Stockholders of Seller Company Water Without Expense Incident to Enlargement of Ditch Binding on Buyer — Contribution — Right Nonexistent. 3. In 1906 a newly organized ditch company entered into a contract with a like long established company owning a complete irrigation system under which the former took over the plant of the latter, agreeing in consideration of the transfer to furnish the stockholders thereof the same amount of water they were then receiving from the ditch, barring unavoidable accident or low water, without additional cost to them due to any change made in the ditch by the new company. An irrigation district, successor in interest of the obligor company, at a large expense reconstructed the ditch, after which, a sand-bar having formed in the river interfering with the intake, it was required at more expense to change the location of the headgate to secure a sufficient water supply. Held, in an action by the district to compel the stockholders of the original company to contribute their shares of the expense incident to reconstructing the ditch, and to enjoin them from using more water than they could have obtained from the ditch as it was before reconstruction, that neither of the two contingencies — unavoidable accident or low water — having been pleaded, the complaint did not state a cause of action.

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