Sparks v. Spaulding Mfg. Co.
Supreme Court of Iowa
Appeal from Poweshiek District Court. — Hon. K. E. 'Wilcockson, Judge. Action to recover compensation for work and labor performed by plaintiff about the foundation of a building belonging to defendant Spaulding Manufacturing Company, a co-partnership. Defendants admit that plaintiff performed some work for them in preparing the ground for the foundation of a building, but pleaded payment and an accord and satisfaction.
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Appeal from Poweshiek District Court. — Hon. K. E. 'Wilcockson, Judge. Action to recover compensation for work and labor performed by plaintiff about the foundation of a building belonging to defendant Spaulding Manufacturing Company, a co-partnership. Defendants admit that plaintiff performed some work for them in preparing the ground for the foundation of a building, but pleaded payment and an accord and satisfaction. On these issues, the case was tried to a jury, resulting in a verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtDeemer, J.
Under an agreement which did not fix the rate of compensation, plaintiff performed some work for the defendants in preparing the ground for the foundation of a building, which defendants proposed to erect. As the price for the work was not fixed, a controversy arose upon its completion, and plaintiff commenced this suit to recover the amount he claimed to be duel He introduced testimony tending to show the value of his services; but defendants relied upon their plea of payment and accord and satisfaction, and now insist that the trial court erred in submitting the case to the jury, and in its…
2Cases cited28 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
- Ostrander v. ScottIllinois Supreme Court · 1896
- Washington N. Gas Co. v. JohnsonSupreme Court of Pennsylvania · 1889
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3Cited by14 opinions
- Whittaker Chain Tread Co. v. Standard Auto Supply Co.Massachusetts Supreme Judicial Court · 1913
- Kellogg v. Iowa State Traveling Men's Ass'nSupreme Court of Iowa · 1947
- Graf v. Employers' Liability Assurance Corp.Supreme Court of Iowa · 1920
- Olson v. ShulerSupreme Court of Iowa · 1926
- Schultz v. Farmers Elevator Co.Supreme Court of Iowa · 1916
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