Suhr v. County of Dodge

Plaintiff appeals from an order sustaining a demurrer to his complaint.

The action is one to recover unliquidated damages for the claimed refusal of defendant to excavate and remove from plaintiff’s land and pay for a part of the gravel needed for the construction and maintenance of certain roads in the county. A contract with the defendant in relation thereto is pleaded. Part of the gravel had been removed and paid for. Plaintiff presented a further claim for damages for failure of defendant to restore the premises to proper condition after removal of the gravel taken.

The complaint alleges…