Show i In the case of E. E T. T Tilton vs 1 f ithe Sterling coal and coke comP com- com ny the decision of P appellant t tl the e trIal tra court is 18 affirmed and reversed reversed re- re r versed v in part by an opinion handed down in the Supreme court courtr r yesterday The plaintiff com com- r i ri r the action to secure w damages for breach of J for alleged a y contract in which the defendant a agreed reed to tp lease the waters running running from roni its coal mine at Morrison county to the plaintiff for a ye year r The contract was ewas wa for five years from October M J 1 1898 and included an option to purchase the water at the expiration expiration tion lion of the lease for The plaintiff sought to have the d dc de fondant enjoined to carry out this his 7 part of the agreement The trial r J court found the found the issues iu in favor of f. f the he plaintiff and the defendant to 1 took the case case o on appeal The t. t ft c t opinion of the Supreme court written by Justice Baskin affirms of the judgement of of the lower court courtr r r jn n awarding the plaintiff damages for breach of the tho contract but t holds that the defendent could not bo be enjoined to sell the water to too the plaintiff for the tho reason that two I second feet of the flow from the I tunnel belonged to the Gunnison I and Sterling Sterling- Irrigation companies The he opinion ib it concurred in in- by bythe bythe j the a associate justices j r I |