Burwell Irrigation Co. v. Lashmett

Tbis action was begun in tbe lower court for a recovery, quantum meruit, for labor alleged to bave been performed by defendant in error for plaintiff in error in tbe construction of an irrigation ditcb. A jury was waived, and trial bad to tbe court, wbicb resulted in favor of tbe plaintiff below. Defendant brings tbe case bere for review.

While several errors are assigned as ground for reversal, but two are argued in brief of counsel, and they only will be considered in determining tbe cause. It is urged that tbe petition does not state facts sufficient to constitute a cause of action, and…