Legal Opinion
First Federal State Bank v. Town of Malvern
Supreme Court of Iowa
Decided October 18, 1978No. 2-61248PublishedCited by 5 opinions
1Opinion of the Court
ALLBEE, Justice.
This is a contest between the surety of a contractor who defaulted in the performance of a public construction project and the bank to which the contractor assigned its contract rights. The prize is a fund consisting of the remainder of progress payments which the contractor had earned but had not received and certain retained percentages.
The parties have stipulated to the facts. On August 29, 1972 the Town of Malvern contracted with South Pacific Pools, Inc. to build a swimming pool for $79,480. Pursuant to the requirements of chapter 573, The Code, United States Fidelity and…
2Cases cited13 opinions
- The National Shawmut Bank of Boston v. New Amsterdam Casualty Co., Inc.Court of Appeals for the First Circuit · 1969
- Jacobs v. Northeastern Corp.Supreme Court of Pennsylvania · 1965
- Canter v. SchlagerMassachusetts Supreme Judicial Court · 1971
- Finance Co. of America v. United States Fidelity & Guaranty Co.Court of Appeals of Maryland · 1976
- American Bridge Co. v. City of BostonMassachusetts Supreme Judicial Court · 1909
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3Cited by5 opinions
- Bank of Waunakee, a Wisconsin Banking Corporation v. Rochester Cheese Sales, Inc., a Minnesota CorporationCourt of Appeals for the Seventh Circuit · 1990
- Lennox Industries, Inc. v. City of DavenportSupreme Court of Iowa · 1982
- Employers Mutual Casualty Co. v. United Fire & Casualty Co.Court of Appeals of Iowa · 2004
- Accurate Controls, Inc. v. Cerro Gordo County Board of SupervisorsDistrict Court, N.D. Iowa · 2009
- City Bank & Trust Co. of Portage v. Don's Electric, Inc. (In Re Don's Electric, Inc.)United States Bankruptcy Court, W.D. Wisconsin · 1986