Wilson v. Drainage District No. 2

*83The opinion of the court was delivered by

Mason, J.:

Marion B. Wilson under a written contract with Drainage District No. 2 of Doniphan county constructed several ditches, roads and levees. At the conclusion of the work he brought this action for the balance alleged to be due him. The district defended upon the ground that in the case of -two ditches he had not excavated the quantity of earth for which he made claim, and that he had in several respects failed to comply with the specifications, particularly in omitting in some places to leave a ten-foot berm— space between the edge of the ditch…