Becker v. Incorporated Town of Churdan
Supreme Court of Iowa
Appeal from Greene District Court. — M. E. Hutchison, Judge. Action against defendant for the contract price or reasonable value of sinking a well for the defendant town. The defense was that the well was constructed under a written contract; that plaintiff did not comply with the terms of this contract or complete a well in substantial compliance with his agreement.
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Appeal from Greene District Court. — M. E. Hutchison, Judge. Action against defendant for the contract price or reasonable value of sinking a well for the defendant town. The defense was that the well was constructed under a written contract; that plaintiff did not comply with the terms of this contract or complete a well in substantial compliance with his agreement. Defendant also pleaded that, by special agreement between the parties, a certain phrase used in the contract meant that the well should be piped from top to bottom with standard iron pipe. This was denied by plaintiff, and he…
1Opinion of the CourtDeemer, J.
Although the record is very large, consisting of something like 527 pages of printed matter, the ultimate questions are few in number, and might well have been presented in from 150 to 200 pages.
On the 7th of October, 1912, the defendant town entered into a contract with plaintiff whereby plaintiff undertook to drill and complete a well for the town at a point to be selected by the town. The contract provided:
“Said well to be 8 inches at the top and continued as such until bed rock is encountered, but in no case less than 100 feet, and not less than 6 inches in diameter at the bottom of the…
2Cases cited25 opinions
- William & James Brown & Co. v. McGranSupreme Court of the United States · 1840
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Clark ex rel. Clark v. Van VleckSupreme Court of Iowa · 1907
- Thayer v. Smoky Hollow Coal Co.Supreme Court of Iowa · 1903
- Sherwood v. Home Savings BankSupreme Court of Iowa · 1906
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3Cited by6 opinions
- McNider v. FisherSupreme Court of Iowa · 1924
- Todd v. MeserveCalifornia Court of Appeal · 1928
- Southhall v. Estate of BerrySupreme Court of Iowa · 1929
- State Ex Rel. Patton v. TerpstraSupreme Court of Iowa · 1928
- Miller v. GeerlingsSupreme Court of Iowa · 1964
1 more not listed; retrieve them via the Exa API.