Sullivan v. Herrick
Supreme Court of Iowa
Appeal from, Polk District Court. — Hon. "W. H. McHenry, Judge. Action on an oral contract for constructing a levee resulted in a verdict and judgment for plaintiff, from which' defendant appeals. Reversed. About six months after the entry of judgment, defendant petitioned for new trial. A motion to strike the grounds therefor alleged in the petition was sustained, and, as defendant elected to stand on the ruling, the petition was dismissed.
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Appeal from, Polk District Court. — Hon. "W. H. McHenry, Judge. Action on an oral contract for constructing a levee resulted in a verdict and judgment for plaintiff, from which' defendant appeals. Reversed. About six months after the entry of judgment, defendant petitioned for new trial. A motion to strike the grounds therefor alleged in the petition was sustained, and, as defendant elected to stand on the ruling, the petition was dismissed. From this ruling, also, the defendant appeals.
1Opinion of the CourtLadd, J.
The parties hereto entered into an- oral agreement about August 10, 1910, by the terms of which plaintiff with his teams and certain implements undertook to haul dirt in the construction of a levee to a drainage ditch, and did haul 15,934 cubic yards. The controversy is concerning the price *150to be paid; plaintiff insisting this was to be eighteen cents per cubic yard, and the defendant that it was to be but eleven cents. Moon Bros, intervened, claiming an assignment by plaintiff of a part of the balance due, and it was agreed that, of the amount found owing plaintiff, judgment should be…
2Cases cited8 opinions
- Graves v. GravesSupreme Court of Iowa · 1906
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- Wood v. WoodSupreme Court of Iowa · 1907
- Kwentsky v. SirovySupreme Court of Iowa · 1909
- Langdon v. Roane's Adm'rSupreme Court of Alabama · 1844
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3Cited by12 opinions
- Murphy v. HahnSupreme Court of Iowa · 1929
- Hardaway v. City of Des MoinesSupreme Court of Iowa · 1969
- Goben v. AkinSupreme Court of Iowa · 1929
- Weinhart v. SmithSupreme Court of Iowa · 1930
- Ransom-Ellis Co. v. EppelsheimerSupreme Court of Iowa · 1928
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