Roth v. Drainage Improvement District No. 5

Plaintiffs (appellants), Simon K. Roth, Simon A. Roth and Mary Ellen Roth, entered into a contract with the defendant (respondent), Drainage Improvement District No. 5, of Clark County, which allowed the defendant to construct a drainage ditch across the plaintiffs’ property. According to the contract the defendant was obligated to construct two cattle crossings, preserve an existing irrigation sump or move it to another location, and construct some fences. The plaintiffs contend that the defendant did not properly perform these obligations under the contract.

This action was brought against…