Culver v. Miller

CRAIG, J.

This is an - action for damages for the breach of a written contract by which plaintiff alleged that he leased 170 acres of land from the defendants; that by the lease it was agreed that plaintiff should receive from defendants 312 shares of capital stock of the Imperial Water Company No. 1; that they furnished only a part of said stock and that the plaintiff was thereby damaged in the sum of $2,000. Defendants interposed a general demurrer iwhich was overruled. They thereupon filed an answer and counterclaim for $3,000 damages. After trial, the court rendered judgment in favor of the plaintiff for $600. Defendant moved for a new trial and the motion was overruled. This appeal is from the order overruling the motion for a new trial and judgment for $600.

[1]

The first ground urged for a reversal is that the complaint does not state facts sufficient to constitute a cause of action. In this behalf it is said that the complaint should have stated of what the capital stock of the Imperial Water Company No. 1 consists and the quantity of water in inches and feet that plaintiff would be entitled to as the possessor of 312 shares; how many acres it would have irrigated; how many acres plaintiff prepared for irrigation; the source of the water supply of the water company. These omissions and several others which appellant claims should have been contained in the complaint, if subject to any criticism, merely result in uncertainties which cannot be taken advantage of by a general demurrer. .

It is said that the complaint should have alleged a demand for the stock on the part of the plaintiff, and in this connection it is claimed that the lease did not specify any definite time when the shares of stock were to be furnished.

[2]

The language of the lease is, “will furnish for irrigation of said land during said term, 312 shares, etc.” We

[548]

think this provision clearly means that the water stock was intended to be placed in the hands of the lessee at the beginning of the term and to remain in his hands during its entire period. If this is so, it cannot be said that the time for delivery is uncertain.