Legal Opinion

Schillinger Bros. & Co. v. Bosch-Ryan Grain Co.

Supreme Court of Iowa

Decided October 28, 1909PublishedCited by 9 opinions

Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is a suit in equity, brought to recover for work done and material furnished in the construction of a concrete building to be used for a malting plant. The work and material were furnished under a written contract. The plaintiff also asked the foreclosure of a mechanic’s lien thereon.

Read the full summary

Appeal from Linn District Court. — Hon. J. H. Preston, Judge. This is a suit in equity, brought to recover for work done and material furnished in the construction of a concrete building to be used for a malting plant. The work and material were furnished under a written contract. The plaintiff also asked the foreclosure of a mechanic’s lien thereon. The contract on which the suit was based, and under which the work was done, fixed the contract price at $72,000, to be paid in six equal installments as the work progressed. The first payment of $12,000 was to be made when the total walls,…

1Opinion of the CourtSherwin, J.

There was a written contract between the parties for the construction of the buildings in question. It provided that there should be thirty-six rectangular bins in the storage house; that the bins in the workhouse should be as provided by the plans of the defendant; that the malthouse should contain certain germinating tanks, with necessary girders and columns to support the specified load intended, the central girders to have a span of twenty-two feet, with necessary angles for wind *753bracing and tying together the walls of the building, the same to extend through the tanks at intervals of…

2Cases cited3 opinions

  1. Donley v. PorterSupreme Court of Iowa · 1903
  2. Hawes v. SwanzeySupreme Court of Iowa · 1904
  3. Farmers' Milling Co. v. Mill Owners Mutual Fire Ins.Supreme Court of Iowa · 1905

3Cited by9 opinions

  1. Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
  2. Pond v. AndersonSupreme Court of Iowa · 1950
  3. Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
  4. SHELBY NAT'L. BK., ADM. v. MillerIndiana Court of Appeals · 1970
  5. Howe v. Sioux CountySupreme Court of Iowa · 1917

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API