Mr. Justice GRAY delivered the opinion of the court.
The within action was commenced on December 6, 1956, by the plaintiff's filing of a petition for a declaratory judgment seeking a determination of the rights of the plaintiff to terminate a contract theretofore entered into by the plaintiff with the defendant, Robert J. Wagoner, for the construction of a reservoir and related ditches in the Medicine Bow Mountain area. After some initial maneuvering the defendant...
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