45 Iowa 298 | Iowa | 1876
There is no averment that the plaintiff owned land adjoining the leased land. There was, therefore, no right of way by necessity. Indeed the defendant relies solely upon the' subsequent agreement. The plaintiff denies such agreement, but the court below found that it was made, and as the evidence is conflicting, except as to consideration, the finding of the court below cannot be disturbed unless it .appears that the agreement was without consideration.
On this point the appellee’s counsel say: “1st. The promisor was benefitted by such agreement, because it would put the promisee in the way to pay rent, which he could not do without the road; 2d. The promisee was not only troubled and inconvenienced by the promise in putting in his crops, which he could have done if he had not been promised a road, but he was also greatly damaged by the agreement because relying upon it he proceeded to cultivate the place, having to steal. in when opportunity afforded, and was thus too late in planting, while if no such agreement had been made he might have procured (if bound to do so) a right to pass over other land immediately adjoining, and thereby gotten his crop planted in proper season.”
We are of the opinion that the judgment of the District Court must be
Reversed.