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Rainbow Ranche Collection

Letter from Fred J. Fulton to James Goldie, November 14, 1910 Fulton, Fred J. Nov 14, 1910

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 Q X)
C/
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NOVEMBER 14 th, 191$.
James Goldie, E£q.,
•Rainbow Ranch11,
Okanagan Centra, B. C.
Dear Sir,
I am in receipt of yours of the 10th inst., with
copies of agreements between Maddock Bros, Ltd. and J. E.
McAllister, extract from letter from the Okanagan Valley
Land Compang and letter from Mr* Winn, which I have perused
carefully.
The situation, if I understand it rightly, is as
follows:  Mr. McAllister,in consideration of Maddock Bros,
agreeing to supply him with water for the Rainbow Ranch on
certain terms, agreed to give the Maddock Bros, a right of way
for their pipe line across the Rainbow Ranch; your company
has purchased the Rainbow Ranch from Mr. McAllister and the
Okanagan Valley Land Company has purchased the land and irri-
gation system of Haddock Bros, from them.  The Okanagan Valley
Land Company now say that in taking from Maddock Bros, a release of their equity in the property they expressly preserved
their previous mortgage and also expressly stipulated that
they should only assume certain specified obligations of the
Maddock Bros, which did not include any obligation under irrigation agreements.   They go on to say that you have an agreement with a defunct company which does not bind them in any
way. J.G.
-2- Q  14/11/10.
It seems to me that this position take© by the
Land Company is untenable:  They want on the one hand to
claim all the benefits and advantages under the agreement
and, on the other, to disclaim any liability under it.  I
presume that the pipe line has been made through your land.
If this is the case, you or your predecessor in title have
carried out your part of the contract.   It is expressly
provided in the agreement that part of the consideration for
the grant of this right of way is the agreement to supply
water to your lands, and now the Okanagan Valley Land Com*
pany say this is not binding on them.
I would strongly advise you to intimate to the
Okanagan Valley Land Company that if their part of the
contract is not binding on them neither is your part binding on you, and request them to remove their pipe line from
your lands..  I am not quite sure whether it would be strictly within your legal rights to remove the pipe line yourself,
but I feel confident that the Court would grant you an injunction against the continued use of your property unless
the consideration on which the right of way was granted is
lived up to.  I am sute you will find this a very strong
lever to compel the Company to come to reasonable terms.
I am returning the papers herewith.
Yours faithfully,
EHCLOSUEES.

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