Ætna Iron & Steel Works v. Kossuth County
Supreme Court of Iowa
Appeal from, Emmet District Court. — Hon. George H. Carr, Judge. Action in two counts. In the first, plaintiff asks to recover the contract price on a written contract for the construction of cells and other iron work alleged to have been put into the jail of the defendant county, and accepted by tbe defendant. In tbe second count, plaintiff asks to recover the reasonable value of the same, as having been furnished at the request of the defendant.
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Appeal from, Emmet District Court. — Hon. George H. Carr, Judge. Action in two counts. In the first, plaintiff asks to recover the contract price on a written contract for the construction of cells and other iron work alleged to have been put into the jail of the defendant county, and accepted by tbe defendant. In tbe second count, plaintiff asks to recover the reasonable value of the same, as having been furnished at the request of the defendant. Answer, denying generally, and denying specially that the work was completed according to contract ; that the same was ever accepted by the…
1Opinion of the CourtGiven, J.
I. There is no controversy but that if the plaintiff substantially performed the contract the measure of his recovery is the contract price, with interest. Appellant contends that if the work, though defective in some particulars, so that it was not completed in the manner specified in the contract, was 'yet of real, substantial value to the defendant, for the purposes for which it was intended, then the plaintiff is entitled to recover the contract price, less any damage the defendant has sustained by reason of the non-performance of the contract. Appellee contends that, in case the contract…
2Cases cited5 opinions
- Pixler v. NicholsSupreme Court of Iowa · 1859
- McClay v. HedgeSupreme Court of Iowa · 1864
- Corwin v. WallaceSupreme Court of Iowa · 1864
- Byerlee v. MendelSupreme Court of Iowa · 1874
- Wolf, Carpenter & Angel v. GerrSupreme Court of Iowa · 1876
3Cited by10 opinions
- Gillis v. CobeMassachusetts Supreme Judicial Court · 1901
- Keeler v. HerrIllinois Supreme Court · 1895
- Whitesell v. HillSupreme Court of Iowa · 1897
- Thomas v. Kanawha Valley Traction Co.West Virginia Supreme Court · 1913
- Shepard v. MillsAppellate Court of Illinois · 1897
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