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Rainbow Ranche Collection

Letter from Fred J. Fulton to [James] Goldie, November 28, 1910 Fulton, Fred J. Nov 28, 1910

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 r. ^a^^^^^^^^^^^fe'
t^am&qeJ, z®?@       Eov# 2©th. 1910
J. A. Goldie, Esq. f
The Rainbow Ranche, Limited,
Okanagan Centre, ] B. C. •
Dear Sir,
I am in receipt of yours of the 23rd« inst. enclosing
water agreements "between Haddock Bros, and J A. McAllister, and
also copy of agreement of the Okanagan Centre Irrigation and
" Power Company, Limited , and letter from the Okanagan Valley
£and Company, Limited, which I return herewith.
After perusing same again I can come to no other conclusion but that you would have good right of action against
whatever Company is operating the system formerly belonging to
Maddock Brothers.  I cannot see how the mortgage given by
Haddock Bros, can possibly enter into the question.   The
point is this.   Maddock Bros., and McAllister enter into an
agreement whereby McAllister granted the right of way for the
pipe line to Maddock Bros, irrigation system and in consideration
thereof, Maddock Bros, agreed to supply water.      This agreement on the face of it is binding on the assigns of both parties
therefore whatever Company is now operating the irrigation
system put in by Maddock Bros*, must be doing it by virtue of
title derived from Maddock Bros., at^they could only take it o
0
J. A. G. Esq. 2
subject to the rights and agreement made in connection with same*
If they are operating the irrigation system, without being able to show the chain of title from Maddock Bros,  to
themselves,  they arc doing same v/ithout any legal right so
far as the right of way across your land is concerned.    I think
there can be no doubt 'that they have seen to it that they have acquired whatever rights Maddock Bros, had, and if they did, in
my opinion, they have made themselves liable to the agreement with
McAllister.
I think beyond any question an action would lie
to compel them to comply with the agreement, or in the alternative
to restrain them from using the right of way which was grantedby
the agreement..
Of course, if you can make a reasonable settlement with them, it would be advisable to do so, but if they are
entirely unreasonable, it seems to me yiou will have every chance
of succeeding in an action.
Yours truly,

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