Briggs Estate v. Barr

and defendant owned adjoining forty-acre tracts of land. Under the terms of an executed oral agreement they installed on defendant’s land a pumping plant to be used, and which was used, in irrigating ■both tracts. Each party contributed seven hundred dollars, or one-half of the cost of the pump and its installation. A written agreement incorporating the terms of the executed oral agreement was contemplated, and it was understood that should defendant sell his land he would reserve to plaintiff a perpetual right in the plant and the use thereof. Defendant thereafter sold his land and failed to reserve to plaintiff any rights. When this was discovered by plaintiff it was called to the attention of defendant, and an effort was made by the latter to remedy his obvious neglect, but without success. Plaintiff thereafter demanded of defendant that it be restored to its rights in the plant, or compensation for such refusal. Receiving neither, and having, as the evidence shows, made reasonable effort to obtain amicable adjustment, and being' finally compelled to install a new pump on its land, this suit resulted. The trial court gave plaintiff judgment for seven hundred dollars and…