126 Iowa 206 | Iowa | 1904
Many reasons are presented why . the lots should not be sold to pay the assessments levied against
3. Assessments:waiver of objection. But it is argued that plaintiff’s intestate waived all objections by standing by and seeing the work done without protest. Had he known that there would be an attempt made to charge his property with the expense ox grading, this might, perhaps, be true; but evi(jenee shows affirmatively that he did not know of this fact; hence there was and can be no waiver.
Whether or not action may be had against the property or the owners thereof on a reassessment, or on the basis of-quantum meruit, we shall not now attempt to decide. There were such defects in the proceedings that plaintiff’s intestate was entitled to enjoin the sale of his property for the invalid assessments. The decree is therefore reversed, and the cause remanded for further procéedings in harmony with this opinion.
Reversed and remanded.