The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-12-14
HANSEN WINS A
4 PARTIAL VICTORY
May Proceed on Fraud Charge
in Salmon Case
JUDGE DIETRICH Restraints
CLAIM FOR DAMAGE.
Holds Hansen end C.her Claimants
Are COnstrUctiyeiy Plaintiffs IN the
Caldwell Case.

Because the complaint OF II. G. Han
sen, sought to be restrained by defen-
dants in the case of A. e. Caldwell
ct AL against the Twin Falls Salmon
River company ct al, relies primarily
on the charge Of conspiracy among
the defendants, Judge Dietrich of the
United States district court this week
restrained Hansen only to the extent
of forbi2ding him to claim damages
on account of breach of contract.
Hansen, as well as several other
residents of the Salmon tract brought
separate actions in the state courts
for the recovery of damages claimed
to have been sustained by them for
alleged breach of contract. The de-
PENDANTS in these cases we're also de-
PENDANTS in the Caldwell case, then
pending in the United States cir
cult court on appeal. The defendants
claimed that the plaintiffs in the dam
age cases were also plaintiffs in Cald-
well case and that this was tanta-
mount to a claim for double dam
ages, one in the United States court
and the other in the district court
III Twin Falls county, Idaho. They,
therefore, asked that the plaintiffs in
the cases filed in the state courts be
restrained from proceeding further
4 with them, pending. the final determi-
= nation of the Caldwell case. The
court took this view as far as the
claim for damages was concerned
However, in the Hansen case, the
claim was made by the plaintiff that
he was damaged by alleged fraudu-
lent representations of the Twin Falls
Salmon River company and the other
defendants. He also claimed that he
was not a plaintiff in the Caldwell
case The court held that he was
constructively a plaintiff in the last
named case, and as such should be re-
strained from claiming damages on
the contract, but that this would not
interfere with his proceeding on the
\ charge of fraud.
y On this the court said:
Upon examining Hansen's complaint
however, in the state court, it is
doubtful whether the relief he there
seeks will to any extent infringe upor
the jurisdiction which we are exercis
ing AS already indicated, primarily
he relies upon conspiracy among the
defendants to defraud him by inducing
him through false representations t
sign the contract. and if he can es
tablish his averments in that respec
he can recover from the defendants
regardless of any construction which
may be finally placed upon the con
tract Putting it in another way, If h'
can show that the defendants entered
into a conspiracy to defraud him, ant
that pursuant thereto they falsely rep
resented to him that a certain amour
of water was available for the prof
ect, and, believing such false repre-
sensations, and acting thereon, n
signed the contract, and brought hi
land undr cultivation, and planted hi
,crop, he would be entitled to recover
n tt would be quite immaterial whethe
we construe the contract as obligat
ing the company to furnish a certain
amount of water per acre, or as obi
eating it to convey merely a certain
undivided share on interest in n
irrigation system including waite
rights The execution Of the contrac
would only be material as a step j
the consummation of the purposes o
object of the conspiracy | would haV
no hesitation at all in so construin
expressions to he found therein. an
the measure of the damages upo
which the plaintiff apparently relic
In view of this uncertainty, instead {
/ wholly denying the application, I hay
"A decided to direct that Hansen he r.
strained from claiming damages
that suit ore account of any allege
breach of the contract by the defer
dant company, and from asking fc
any further construction of said cor
tract in this trial or submission
said cause, or asserting any claim
said suit that the contract calls &c
anything more than 4 proportional
undivided interest in the irrigatin
system, including the water right az
purtenant thereto. The applicant
may draw an order in harmony wit
3 these views