By statute in Montana the boards of county commissioners were ordered to cause such highways as were necessary for the public welfare to be "laid out, recorded, opened" and maintained. A highway was laid out through the plaintiff's land in 1903, but the county commissioners refused to continue constructing it though requested to do so by the plaintiff, instead compelling him to remove the fences on his property. His entire land being thus thrown open to the public, he constructed the road himself in 1926, with the knowledge of the commissioners, who on its completion immediately accepted it but refused to pay the plaintiff for his expense. The plaintiff then sued for his labor and materials furnished in constructing the road. Held, on demurrer, that the complaint stated a good cause of action. French v. Lewis & Clark County (Mont. 1930) 288 Pac. 455.