Crum v. Yundt

Gavin, J. —

The appellee sued appellants to recover upon an implied contract for a large amount of gravel taken by them from his land. The issues, so far as we are concerned with them, were formed by the 4th paragraph of complaint, the answer of general denial and a special answer limited to the claim for gravel removed from a highway adjacent to appellants land, in which it was claimed that all the gravel was taken under a contract made between the parties, by the terms of which appellants were to open up a gravel pit, partly within and partly without the line of the highway, on appellee’s…