Mather v. Butler County
Supreme Court of Iowa
Appeal from Black Hawk District Court. Contract : quantum meruit : “ extras ”: damages, etc. — The history of this cause prior to the last trial appears in 16 Iowa, 59. The plaintiff first declared on tbe written contracts by which be was to furnish the materials and do the carpenter wort for the defendant’s court-house.
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Appeal from Black Hawk District Court. Contract : quantum meruit : “ extras ”: damages, etc. — The history of this cause prior to the last trial appears in 16 Iowa, 59. The plaintiff first declared on tbe written contracts by which be was to furnish the materials and do the carpenter wort for the defendant’s court-house. The first contract was made June 9, 1856; the second May 14, 1857. Before the trial the plaintiff withdrew all claims based upon the written contracts, and rested his right to recover upon his common or quantum meruit count, this being accompanied with a bill of items,…
1Opinion of the Court
Dillon, Oh. J.
1. Evidence : uitTcontSct. That there were two written contracts between the parties having reference to the work done and materials ■ furnished by the plaintiff for the court-house, was an undisputed fact.
The plaintiff, on the trial, sought to ignore these contracts and to recover upon the common count. The court ruled, that as it appeared that there were written contracts, and that the work had been commenced under them, that the plaintiff should introduce them in evidence. The plaintiff excepted. In this there was no error, or, at all events, none for which we can reverse the…
2Cases cited1 opinion
- Dibol v. MinottSupreme Court of Iowa · 1859
3Cited by20 opinions
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- Bennett v. Incorporated Town of Mount VernonSupreme Court of Iowa · 1904
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