140 Iowa 723 | Iowa | 1909
— The petition is at law for the recovery of damages upon facts stated, in substance, as follows: In the first count plaintiff alleges that he is the owner of a certain described tract of land adjacent to which on the south side is another tract owned by the defendant, and that the natural drainage of said land is in a southerly direction; that, for the purpose- of obtaining an outlet for drainage of said land, he entered into an oral agreement with the defendant by which it was mutually agreed that defendant should lay a ten-inch tile from the southward on his own land, bringing the same up to a point within sixty rods of the public road separating their farms, and that plaintiff would continue the construction of said drain
The judgment of the district court is affirmed.