County of Keith v. Ogalalla Power & Irrigation Co.

Pound, C.

This is an action upon a bond given by the Ogalalla Power & Irrigation Company and certain sureties to the county of Keith and Ogalalla precinct therein to secure performance of a contract between the company and the county commissioners of said county acting for the precinct. Several questions of importance have been argued, but we deem one of them so decisive that we shall confine ourselves thereto. One Solon L. Wthey presented a written proposition to the county commissioners, proposing to construct a water power and irrigation canal from a point on the South Platte river about…