TOOELE CITY v. SETTLEMENT CANYON IRRIGATION CO.

No. 8395.

4 Utah 2d 215 (1955)

291 P.2d 881

TOOELE CITY, A MUNICIPAL CORPORATION, PLAINTIFF AND RESPONDENT, v. SETTLEMENT CANYON IRRIGATION COMPANY, A CORPORATION, DEFENDANT AND APPELLANT.

Supreme Court of Utah.

December 19, 1955.


Attorney(s) appearing for the Case

Rawlings, Wallace, Roberts & Black, Salt Lake City, for appellant.

Ralph W. Millburn, Tooele, Homer Holmgren, Salt Lake City, for respondent.


WORTHEN, Justice.

Appeal from a judgment on the pleadings in favor of plaintiff, Tooele City, in an action for a declaratory judgment defining the meaning of two written contracts in accordance with the contention of Tooele City that it was entitled to a continuous flow of 260 gallons of water per minute of the water belonging to defendant, the same to be diverted from the point specified in the said contracts.

Plaintiff is the successor in interest, and owner...

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