Colorado Court of Appeals September 15, 1895 (Fulton Irrigation Ditch Co. v. Twombly)

Reed, P. J.,

delivered the opinion of the court.

Appellee filed liis complaint against appellant, alleging that in the spring of 1892 he purchased from appellant 120 *555cubic inches of water per second of time to be conveyed and delivered to him at two or three different farms under appellant’s ditch, for the irrigating season following; that appellant ^failed and refused to deliver the water;