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Show 00 JUDGE DECIDES FOR MTIFF In the suit of Nathaniel Montgomery Montgom-ery against Klchard T. Borrett to enforce en-force specific performance. Judge Howell has rendered a decision in favor of the defendant. The testimony In the case showed that the parties had exchanged the use of certain water for Irrigation purposes In Cold water and Rice creeks, the plaintiff claiming the exchange ex-change was Intended to be permanent, perma-nent, while the defendant claims It wa? not. The plaintiff desired the court to compel the defendant to tranifer bis shares of water stock to him and re-cehe re-cehe tbo plaintiff's In exchange, The summary of tho testimony by the court was that the evidence as to the agreement between the parties par-ties regarding the alleged exchange of water stock was so unsatisfactory and uncertain that It was difficult to render ren-der a decision. Tho court concluded, however, that the preponderance of evidence was In favor of tho defendant, defen-dant, which was to the effect that the exchance was not Intended to be permanent, per-manent, but for a limited season, and that the certificates of stock should not be exchunged. |