Robinson v. Luther

This action was brought in equity to compel the specific performance of a contract; the petition in the first count thereof alleging that the parties entered into an oral contract by the terms of which the defendant agreed to do certain tiling on his own land for the purpose of furnishing the plaintiff an outlet for the water from his land; and the second count alleging that, in 1885, the grantors of the parties agreed to, and did in fact, construct an open ditch along the same course, which ditch the defendant has permitted his stock to fill and destroy. The plaintiff asks that *464the defendant…