Panhandle Const. Co. v. City of Spearman

*1054HALL, Chief Justice.

The city of Spearman sued the appellant, Construction Company, to recover the value of 7,880 yards of caliche alleged to be of the value of 10 cents per cubic yard, which the* city claimed had been removed from land which it owned by the appellant without the knowledge and consent of the city.

The appellant answered that if it entered upon the lands belonging to the oity it was with the knowledge and consent of said city, under an agreement that appellant should have the caliche free of charge; that the city was endeavoring to let paving contracts for the improvement of…