Mitchell & Sexton v. Kavanagh
Supreme Court of Iowa
Appeal from PolJc Circuit Court. This action is brought to recover an alleged balance due from the defendant, the chief contractor for the construction of a portion of the Des Moines, Indianola & Missouri Bail-road, to the plaintiffs who were sub-contractors, by written agreement for the grading of part of said road from station 240 to 270, and by subsequent- parol agreement for the grading of the road from section 270 to 271, at the same price and on' the same terms as…
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Appeal from PolJc Circuit Court. This action is brought to recover an alleged balance due from the defendant, the chief contractor for the construction of a portion of the Des Moines, Indianola & Missouri Bail-road, to the plaintiffs who were sub-contractors, by written agreement for the grading of part of said road from station 240 to 270, and by subsequent- parol agreement for the grading of the road from section 270 to 271, at the same price and on' the same terms as expressed in the written contract. Jury trial. Yerdict and judgment for plaintiffs. Defendant appeals.
1Opinion of the Court
Miller, Oh. J.
— The written contract provides that Mitchell & Sexton agree to do the grading on “the Des Moines & Indianola Bailroad from stake No. 240 to stake No. 270 at the agreed price of twenty cents per cubic yard, excavation measurment, to be paid upon engineer’s estimates, the same as upon' the said Kavanagh’s contract,” &c. It was subsequently orally agreed that jfiaintiffs should grade from the stake last named to stake 271, for the same price and on the same terms as stated in the written contract.
í verdict • suffiSt “to sustain. It is agreed and admitted that the plaintiffs…
2Cases cited8 opinions
- Smith v. . BradyNew York Court of Appeals · 1858
- United States v. RobesonSupreme Court of the United States · 1835
- Palmer v. ClarkMassachusetts Supreme Judicial Court · 1871
- Smith v. BriggsNew York Supreme Court · 1846
- Alton, Mount Carmel, & New Albany Railroad v. NorthcottIllinois Supreme Court · 1853
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3Cited by3 opinions
- Cicero & Proviso Street Railroad v. SniderAppellate Court of Illinois · 1897
- Edwards v. Louisa CountySupreme Court of Iowa · 1893
- Henry v. JonsSupreme Court of Iowa · 1914