Horrabin v. City of Des Moines

— This case was tried below on a stipulation of facts from which it appears that the appellee, Horrabin, entered into a written contract with the appellant city to construct a bridge over the Des Moines River at University Avenue. The contract is in evidence as a part 0f fke stipulation. From both the contract and the stipulation it appears that the city agreed to furnish appellee the right of way upon which the bridge and approach should be constructed. It is stipulated that, under the direction of the city engineer of the appellant, appellee entered upon certain land belonging to the…