Legal Opinion
City of Ottumwa v. McCarthy Improvement Co.
Supreme Court of Iowa
Decided January 12, 1915PublishedCited by 5 opinions
Appeal from Wapello District Court. — D. M. Anderson, Judge. Action by the city of Ottumwa, on the guaranty bond of a contractor to repair defects in a pavement during seven years after being laid, resulted in a judgment as prayed. The defendant appeals.
1Opinion of the CourtLadd, J.
I. On August 26,1904, the McCarthy Improvement Company entered into a contract with the city of Ottumwa to pave and curb Market Street therein from the northeast line of Third Street to the southwest line of Fifth Street, in compliance with instructions, proposals and specifications attached. In Section 29 of the latter:
“The contractor expressly guarantees to maintain the pavement in good order for a period of seven years, and binds himself, his heirs and assigns to make all repairs which may, from any imperfections in said work or materials, or from any crumbling or disintegration of the…
2Cases cited7 opinions
- Oregon Steamship Co. v. . OtisNew York Court of Appeals · 1885
- Allen v. City of DavenportSupreme Court of Iowa · 1898
- Diver v. Keokuk Savings BankSupreme Court of Iowa · 1905
- Osburn v. City of LyonsSupreme Court of Iowa · 1897
- Eppinger v. ScottCalifornia Supreme Court · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- City of Chariton v. JC Blunk Construction CompanySupreme Court of Iowa · 1962
- Sioux City v. Western Asphalt Paving Corp.Supreme Court of Iowa · 1936
- City of Charles City v. RasmussenSupreme Court of Iowa · 1929
- Osceola v. Gjellefald Construction Co.Supreme Court of Iowa · 1938
- Melman Fruit Co. v. MelmanSupreme Court of Iowa · 1932