Fauble & Smith v. Davis
Supreme Court of Iowa
Appeal from Pottawattamie District Gowrt. On the 16th day of July, 1874, the plaintiffs and defendants entered into a written contract, by which plaintiffs agreed to erect for the defendants a block of brick buildings, according to certain written plans and specifications. 'The defendants were to furnish all the building materials.
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Appeal from Pottawattamie District Gowrt. On the 16th day of July, 1874, the plaintiffs and defendants entered into a written contract, by which plaintiffs agreed to erect for the defendants a block of brick buildings, according to certain written plans and specifications. 'The defendants were to furnish all the building materials. Eor the labor and mechanical skill in erecting said buildings plaintiffs were to receive a certain compensation, which was, as to amount and times of payment, set forth in the contract. On the 17th day of March, 1875, this action was commenced. The petition…
1Opinion of the Court
Eothbock, Ch. J.
I. There are thirty errors assigned, and twenty-three points in the argument of counsel for appellant.
To pass up>on each assignment of error is, in our judgment, unnecessary, because we think many of them belong to the same class and may be disposed of without separate consideration.
It appears that a part of the wall of one of the buildings was not as thick by four inches as provided in the contract, and that the windows in the basement story of one of the' buildings were set lower than the plans provided, and. that the work was not completed by the time stipulated.
The…
2Cases cited2 opinions
- Edgerly v. Farmers' InsuranceSupreme Court of Iowa · 1876
- Lumbert & Co. v. PalmerSupreme Court of Iowa · 1870
3Cited by11 opinions
- Cotherman v. Oriental Oil Co.Court of Appeals of Texas · 1925
- Graves v. Merchants & Bankers' InsuranceSupreme Court of Iowa · 1891
- First National Bank of Marshalltown v. WrightSupreme Court of Iowa · 1891
- Economy Hog & Cattle Powder Co. v. HonettSupreme Court of Iowa · 1937
- Eiseman v. Hawkeye InsuranceSupreme Court of Iowa · 1888
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