[DOWNLOAD] "Rentfro Et Al. v. Dettwiler" by Supreme Court of Montana ~ Book PDF Kindle ePub Free

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eBook details

• Title: Rentfro Et Al. v. Dettwiler
• Author : Supreme Court of Montana
• Release Date : January 17, 1933
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 61 KB

Description

Real Property ? Rights of Way ? Parol License ? Revocable at Will ? Statute of Frauds ? Implied Contracts ? Interest in Ditch ? Specific Performance. Real Property ? Permanent Right of Way an Interest in Land ? Statute of Frauds ? License Given by Parol ? Revocable at Will. 1. A permanent right of way across the land of another for ditch purposes constitutes an interest in the real property, an easement, which under section 7519, Revised Codes 1921, must be in writing; whereas a license to so use the land does not create such an interest, may be given by parol and is revocable at will even though the licensee has expended time and money in acting thereon. Implied Contracts ? Definition ? How Created. 2. An implied contract is one the terms and existence of which are manifested by the conduct of the parties; the element of - Page 392 consideration for such a contract is furnished by the benefit conferred upon the promisor and the prejudice suffered by the promisee, and the element of intention on the part of the former may be furnished by his conduct and declarations. Waters ? Ditch Right ? Circumstances Under Which Contract Implied That Each of Two Adjoining Land Owners Should have Equal Rights in Ditch Arose ? Statute of Frauds. 3. Where the owner of agricultural land contemplated the construction of a ditch to supply his lands with proper irrigation but at the suggestion of an adjoining owner joined with the latter in enlarging the latters ditch so that it could supply the needs of both, the former furnishing labor and the lumber used for that purpose, the two then filing a joint appropriation of the waters of a river for both their lands, the agreement being that each should have an equal interest in the ditch and right of way, an implied contract resulted to that effect, which was taken out of the statute of frauds by full performance on the part of the first mentioned land owner. Same ? Injunction ? Specific Performance of Implied Contract That Party Performing Labor and Expending Money Should have Half Interest in Ditch. 4. Under the state of facts mentioned in paragraph 3 above, the party induced by the conduct and declarations of the owner whose ditch was enlarged with the aid of the former, both by labor and expenditure of money, held properly entitled to judgment enjoining the latter from interfering with his use of the ditch under a claim that the former was a mere licensee, decreeing specific performance of the implied contract to convey an easement, and awarding each of the parties equal rights in the ditch.

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