Carr & Baal Co. v. Consolidated Independent District
Supreme Court of Iowa
Appeal from Marion District Court. — J. H. Applegate, Judge. Action by plaintiff, manufacturers and jobbers of mill work at Des Moines, Iowa, against the Consolidated Independent District of Bussey, Iowa, and Oskar Knutson, . contractor, and the Chicago Bonding & Surety Company, to recover the value of mill work furnished by it, and used in the construction of a consolidated school building by Knutson, at Bussey, Iowa.
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Appeal from Marion District Court. — J. H. Applegate, Judge. Action by plaintiff, manufacturers and jobbers of mill work at Des Moines, Iowa, against the Consolidated Independent District of Bussey, Iowa, and Oskar Knutson, . contractor, and the Chicago Bonding & Surety Company, to recover the value of mill work furnished by it, and used in the construction of a consolidated school building by Knutson, at Bussey, Iowa. The trial court found that plaintiff was not entitled to the relief asked, but was entitled to receive from the school district the balance on the contract price of the school…
1Opinion of the CourtPreston, J.
1. Counsel for appellant state that, as the appeal will be presented, the sole issue is this: Is the defendant Chicago Bonding & Surety Company liable to the plaintiff for the value of building materials furnished by plaintiff to the contractor, and used in the construction of the school building, by virtue of the bond furnished by said surety company to the school district? Errors are assigned by appellant, and they are that the trial court erred in holding that there was no privity between plaintiff and the bonding company; in holding that the bond was not given for the benefit of the…
2Cases cited12 opinions
- Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
- Jordan v. KavanaughSupreme Court of Iowa · 1884
- Baker & Co. v. BryanSupreme Court of Iowa · 1884
- Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
- Greenfield Lumber & Ice Co. v. ParkerIndiana Supreme Court · 1902
7 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Philip Carey Co. v. Maryland Casualty Co.Supreme Court of Iowa · 1926
- Bourrett v. W. M. Bride Construction Co.Supreme Court of Iowa · 1957
- Monona County v. O'ConnorSupreme Court of Iowa · 1927
- Cities Service Oil Co. v. LongerboneSupreme Court of Iowa · 1942
- Conley v. JamisonSupreme Court of Iowa · 1928