Bel v. Benewah County

HOLDEN, J. —

This case was first heard at the June, 1939, term of court at Coeur d’Alene. Later a rehearing was ordered and the case was again heard at the November, 1939, term.

It appears from the record that on January 29, 1936, respondent Ernest Bel sold, and by deed conveyed, to appellant Benewah County a strip of land 100 feet wide for a public highway over and across certain tracts of land owned by respondent and located in that county. The deed recited a monetary consideration of $150, and then provided:

“In consideration of this deed the grantee agrees to construct, but not maintain…