Corwin v. Wallace
Supreme Court of Iowa
Appeal from Muscatine District Court. Action to recover tbe price and value of work done and materials furnished in tbe erection of a bouse, in wbicb tbe plaintiff recovered judgment for $487.69, and tbe defendan t appeals. Tbe remaining facts will sufficiently appear in tbe opinion of tbe court.
1Opinion of the CourtLowe, J.
*3751. Res adjudicata: contract: acceptance. *374Tbis is a second suit for tbe same cause of action substantially, but brought in a different manner. *375The first was on a special contract in writing, in which tbe plaintiff bad, for the consideration of <|]^poO, covenanted to furnish the material and build a house, agreeably to a prescribed plan and style. He also, in the same suit, sought to recover the price for some extra work and material. ■ On the trial, he failed to show the performance of the extra work, as well as the full execution of his special contract, and in that condition of the pleadings…
2Cited by15 opinions
- Markman v. HoeferSupreme Court of Iowa · 1960
- Pinches v. Swedish Evangelical Lutheran ChurchSupreme Court of Connecticut · 1887
- Hahn v. MillerSupreme Court of Iowa · 1886
- McCullough v. ConnellySupreme Court of Iowa · 1907
- Sullivan v. School District No. 39Supreme Court of Kansas · 1888
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