GREELEY AND LOVELAND IRRIGATION CO. v. McCLOUGHAN

No. 18335.

342 P.2d 1045 (1959)

GREELEY AND LOVELAND IRRIGATION COMPANY, a Colorado Corporation, Plaintiff in Error, v. Clarence J. McCLOUGHAN, Ira F. Walno, Harold F. Ward, Josephine P. Ward, and Macy Farms, Inc., a Colorado Corporation, Defendants in Error.

Supreme Court of Colorado, En Banc.

August 17, 1959.


Attorney(s) appearing for the Case

Southard & Southard, William R. Kelly, Greeley, for plaintiff in error.

Chilson & McCreary, Loveland, Clayton & Gilbert, Greeley, for defendants in error.


SUTTON, Justice.

This action involves the interpretation of a contract for irrigation water between property owners and a ditch company. We will refer to the parties as they appeared in the trial court where defendants in error were plaintiffs and the plaintiff in error was defendant.

The record discloses that on May 21, 1889, Charles P. Scott and Harriet E. Scott, hereinafter called "Scotts", entered into an instrument entitled "Deed of Agreement" with "The...

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