Wackerbarth & Blamer Co. v. Independent School District
Supreme Court of Iowa
Appeal from Buchanan District Gourt. — Hon. E. O. Platt, Jiidge. The defendant Netcott is a principal contractor, who entered into contract with the defendant school district for the erection of a schoolhouse. The plaintiff is a subcontractor, who furnished Netcott over $6,000 worth of lumber and material for the construction of such public building.
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Appeal from Buchanan District Gourt. — Hon. E. O. Platt, Jiidge. The defendant Netcott is a principal contractor, who entered into contract with the defendant school district for the erection of a schoolhouse. The plaintiff is a subcontractor, who furnished Netcott over $6,000 worth of lumber and material for the construction of such public building. As such subcontractor the plaintiff brought this action against the school district under the provisions of section 3102 of the Code; the defendant Netcott being insolvent and having failed to finish the contract. ■ Upon trial in the district…
1Opinion of the CourtEvans, J.
— The case was submitted upon an agreed statement of facts. Only questions of law, therefore, are submitted for our consideration. These questions are two in number: (1) Did the plaintiff comply with the preliminary requirements of section 3102, or did he fail to file his statement of account with the proper officer of the school district? (2) Were the provisions of section 3102 available to the plaintiff after the principal contractor had made a general assignment for the benefit of his creditors ?
Section 3102 is as follows:
Public Buildings or Bridges — Claim of Subcontractor. Every…
2Cases cited5 opinions
- Modern Steel Structural Co. v. Van Buren CountySupreme Court of Iowa · 1905
- Whitehouse v. American Surety Co.Supreme Court of Iowa · 1902
- Green Bay Lumber Co. v. ThomasSupreme Court of Iowa · 1898
- Green Bay Lumber Co. v. Independent School DistrictSupreme Court of Iowa · 1904
- Swearingen Lumber Co. v. Washington School TownshipSupreme Court of Iowa · 1904
3Cited by6 opinions
- Des Moines Bridge & Iron Works v. PlaneSupreme Court of Iowa · 1913
- Eclipse Lumber Co. v. Iowa Loan & Trust Co.Court of Appeals for the Eighth Circuit · 1930
- Fuller & Hiller Hardware Co. v. Shannon & WillfongSupreme Court of Iowa · 1927
- Handlan-Buck Manufacturing Co. v. Waterloo Drop Forge Co.Supreme Court of Iowa · 1916
- C. E. Stukas & Sons v. MillerSupreme Court of Iowa · 1924
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