Rasch v. City of Bloomfield

STUART, Justice.

This action at law for damages founded on contract is before us for the second time. In the first opinion appearing at 153 N.W.2d 718, 724, we remanded the cause for a determination of the issue as to whether defendant prevented plaintiff from removing the clay used as a foundation for haulroads from the silting basin. We quoted from Brown v. Needles (1919), 186 Iowa 878, 884, 170 N.W. 804, 806.

The trial court, sitting as trier of the facts, found defendant had prevented plaintiff from removing such clay from the silting basin and awarded damages of $4620 *646for 2800 yards of…