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HANNY v. SUNNYSIDE DITCH COMPANY

No. 8777.

353 P.2d 406 (1960)

H. J. HANNY and Margaret Hanny, husband and wife; Robert G. Routson and Ellen R. Routson, husband and wife; Howard E. Averett and Marie E. Averett, husband and wife; Glenn H. Webb and Edna V. Webb, husband and wife; Will A. Dick and Edna Fern Dick, husband and wife; Lloyd Grover Edwards and Avanell Ellen Edwards, husband and wife; Albert J. Mammen, also known as A. J. Mammen, and Beulah B. Mammen, husband and wife; and Ira A. Gatliff, a widower, Plaintiffs-Appellants, v. SUNNYSIDE DITCH COMPANY, a corporation, Junia Thorson, a widow, and Wallace W. Laird, individually and as directors of said corporation, Defendants-Respondents.

Supreme Court of Idaho.

June 10, 1960.

Attorney(s) appearing for the Case

Charles F. Reddoch, Charles S. Stout, Boise, and D. L. Carter, Weiser, for appellants.

Donart & Donart, Weiser, for respondents.

SCOGGIN, District Judge.

Sunnyside Ditch Company, Limited, was incorporated February 16, 1895, the purpose of its formation being to build, construct and maintain ditches, flumes, reservoirs, and laterals for the purpose of diverting water from Weiser river, in Washington county, Idaho, for irrigating lands of the individual stockholders. The capital stock of the corporation was established at eight thousand dollars, divided into one hundred and sixty shares. At the...

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