Rominger v. Squires

We have carefully examined and considered the evidence in this case, and are of the opinion that it does not warrant the decree rendered. The three owners of what is called the “Saalfeldt Ditch,” and the four owners of what is called the iC Wittmayer Ditch,” entered into a contract in 1874 to construct what is called the “New Ditch,” which was to supersede, either in whole or in part, the two old ditches as a water-way, by means of which their respective lands were to be irrigated. The terms and extent of this contract were the leading questions in the trial below. The court found, in…