Nebraska Supreme Court July 17, 1979, No. 42272 (City of Papillion v. Schram ex rel. Schram)

Fahrnbruch, District Judge.

The City of Papillion, a municipal corporation, as plaintiff, brought this action against defendant to collect a water usage fee. The action was defended on the basis that plaintiff had agreed to supply water free of charge to defendant and her late husband as partial consideration for an easement. The trial court found for the defendant. Plaintiff appealed.