58 Iowa 642 | Iowa | 1882
But it is said that the city had a right to abandon the construction of the improvement, and did abandon it, and having abandoned it, it did not need the right of way, and ought not to be held liable to pay the plaintiff for obtaining it.'
Possibly, if the city had abandoned the improvement, and notified the plaintiff that it did not need the right of way, before he1 had expended any time, labor or money in obtaining it, he could not have recovered more than nominal damages. But it does not appear that the city fully determined to abandon the - construction of the improvement, until after the plaintiff had procured the deed of the right of way and tendered it to the city.
Finally, it is insisted that the plaintiff in any event is not entitled to.recover the amount agreed to be paid him by the city, unless it is made to appear that the right of way cost him that amount in money or property, and, that the agreed statement of facts does not show that it cost him anything in money or property-.
This position we think must be predicated upon the idea
Affirmed.