Henry Billings Brown

“ From a perusal of the correspondence set forth in the statement of facts, it will appear that plaintiff's introductory letter contained the following propositions: (1) That the company should come to an understanding with regard to the keeping of the ditch 'in proper shape'; (2) that the necessary repairs should be done at once; (3) that thereafter the ditch should be kept in good condition; (4) that both companies should pay their share of expenses. ”

“ On November 19th he wrote to him again, desiring him to make a complete statement of the expenditures made during the last year, which had been necessary for the protection of the canal, and send them to him at Cleveland. He said that the owners had been opposed to spending any more money than was absolutely necessary for the protection of the canal; that, when the Jordan Company was ready to use it, they would make improvements and repairs; and that he was quite certain the company would be disposed to do whatever was equitable. ”

“ On August 27, 1885, Lavagnino addressed Holden a note calling his attention to the canal, stating that in the spring he had Van Deusen with him along the canal to see what repairs were indispensable, in order to risk a little water in it, and to prevent a total ruin of it; that the expenses run at about $2,000, and saying that he would be able to present him a statement, and hoped that he would approve the same in behalf of the defendant. He also expressed the wish that he would like to have Mr. ”