Legal Opinion

Ludowici Caladon Co. v. Independent School District of Independence

Supreme Court of Iowa

Decided December 14, 1914PublishedCited by 4 opinions

Appeal from Buchanan District Court. — Hon. George "W. Dunham, Judge. Proceeding to establish, a claim for material against a fund alleged to be subject thereto, arising out of a contract to erect a school building. From a decree in favor of the defendants plaintiff appeals. —

1Opinion of the CourtWithrow, J.

— I. On July 6, 1910, the Independent School District of Independence entered into a contract with George A. Netcott for the erection of a school building in the city of Independence. As a guaranty for the performance of his contract, Netcott gave his bond with sureties. Before the completion of the work, Netcott made an assignment for the benefit of his creditors to one Bain. At that time, there had been paid to the contractor on the work and for extras $38,-100.00. In addition to this, about two months after entering upon the work, Netcott purchased from the school district two old…

2Cases cited5 opinions

  1. Baker & Co. v. BryanSupreme Court of Iowa · 1884
  2. Green Bay Lumber Co. v. Independent School DistrictSupreme Court of Iowa · 1903
  3. Rausch v. MooreSupreme Court of Iowa · 1878
  4. Ætna Iron & Steel Works v. Kossuth CountySupreme Court of Iowa · 1890
  5. Brady v. OtisSupreme Court of Iowa · 1874

3Cited by4 opinions

  1. Schmidt Bros. Construction Co. v. Raymond Young Men's Christian Ass'nSupreme Court of Iowa · 1917
  2. Golwitzer v. HummelSupreme Court of Iowa · 1925
  3. Johnson v. VogelSupreme Court of Iowa · 1929
  4. Hackendorn Contracting Co. v. Johnstown CitySupreme Court of Pennsylvania · 1924

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