Rood v. Claypool Drainage & Levee Dist.

Citations

• 120 F. 207
• 56 C.C.A. 527
• 1903 U.S. App. LEXIS 4472

Syllabus

<p>1. Contracts with Drainage District — Construction op Ditch — Implied Obligation op District to Furnish Right op Way.</p> <p>In a contract between a drainage district and one who agrees to construct certain ditches for the district, it is an implied condition that the district will provide the necessary right of way, without which the contractor could not perform the contract on his part.</p> <p>2. Same — Liability por Breach.</p> <p>A drainage and levee district created under the Illinois statute, which expressly provides that such district shall be a body corporate, with power to contract and be contracted with, and to sue and be sued, although a corporation in invitum, is liable in damages for breach of a contract, lawfully made by its commissioners under the powers conferred by the statute for the construction of ditches, where it failed to-provide right of way therefor, so that the contractor could complete the same within the time specified, and by reason of the delay he was damaged.</p>