Brohan v. Nafziger

The opinion of the court was delivered by

Hatcher, C.:

This action stems from a controversy over the amount to be paid for building dikes and drains on certain land.

Defendant was the owner of 492 acres of land in Linn County, Kansas. Early in the year 1967, he entered into an oral contract with plaintiff, a heavy equipment operator, to drain some twenty acres of bottom land, remove an old dam and rebuild a new dike or levee at the lower end. The purpose of the work was to create a condition where defendant could drain the bottomland for planting for grain in the spring, then close the drain and…