#### J. A. Steele, appellee, v. F. R. Johnston, appellant.

Assumpsit for damages for failure to comply with contract for digging a ditch. Judgment for plaintiff. Appeal from the Circuit Court of Johnson county; the Hon. A. E. Somers, Judge, presiding. Heard in this court at the March term, 1923.

Affirmed.

Opinion filed July 2, 1923.

H. A. Spann, for appellant. O. R. Morgan, for appellee.

Mr. Justice Higbee

delivered the opinion of the court.