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Suburban Pump & Water Co. v. Linville

Supreme Court of Arizona

March 29, 1943

SUBURBAN PUMP AND WATER CO., a Corporation, Appellant,
v.
W. H. LINVILLE, Third Party Defendant, Appellee

APPEAL from a judgment of the Superior Court of the County of Maricopa. M. T. Phelps, Judge. Judgment affirmed.

Messrs. Armstrong, Kramer, Morrison and Roche, Mr. Robert H. Armstrong and Mr. W. T. Elsing, for Appellant.

Mr. D. V. Mulhern and Mr. B. H. Gibbs, for Appellee.

OPINION

[60 Ariz. 275] McALISTER, C.J.

The plaintiff, Ruth A. Vincent, brought an action against the Suburban Pump and Water Co., a corporation, hereinafter referred to as the company, and from a judgment in favor of W. H. Linville, whom the company had brought into the case as a third party defendant, the company appeals.

The facts giving rise to the action may be stated as follows: On May 20, 1926, W. H. Linville and one Win Wylie executed the following agreement:

"This Agreement made and entered into, this 20th day of May 1926, by and between W. H. LINVILLE, party of the first part, and WIN WYLIE, party of the second part,

"Witnesseth: That the parties hereto, in consideration of One Dollar each to ther paid, receipt whereof is mutually acknowledged, do hereby agree and covenant as follows:

"The party of the first part, hereby grants, to the party of the second part, the

Page 211

right and privilege to use the north thirty feet of the south east quarter of the south west quarter of section twenty eight, T. 3 N.R. 3 E.G. & S.R.B. & M., for the purposes of developing water, opening roadway, constructing bridge, [60 Ariz. 276] and such other things thereto pertaining, for the term of twenty five years from date hereof.

"It is understood and agreed that the first party will be entitled to the use of water for domestic purposes, during the life of this agreement, at such times, and under such conditions as may not intefere with a fair and reasonable supply of water to buildings in section twenty eight owned by second party, or his successors.

"If at any time during the life of this Agreement, second party desires to remove any of the various equipment above referred to, he shall have the right to do so.

"Al taxes on improvements, cost of upkeep, and maintainance of operation to be paid for by second party hereof.

(signed) "W. H. Linville

(signed) "Win Wylie"

On June 12, 1936, Win Wylie made the following assignment ...


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