#### E. R. Kirgan, defendant in error, v. Warren C. Fairbanks, plaintiff in error.

Assumpsit for failure to construct drainage ditches on lands leased by plaintiff from defendant. Judgment for plaintiff. Error to the Circuit Court of Greene county; the Hon. Norman L. Jones, Judge, presiding. Heard in this court at the April term, 1920.

Reversed with finding of fact.

Opinion filed October 27, 1920.

Whiteside & Wright, for plaintiff in error. T. I. MeKnight, for defendant in error.

Mr. Justice Eldredge

delivered the opinion of the court.