Schillinger Bros. & Co. v. Bosch-Ryan Grain Co.
Supreme Court of Iowa
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.
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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
- Donley v. PorterSupreme Court of Iowa · 1903
- Hawes v. SwanzeySupreme Court of Iowa · 1904
- Farmers' Milling Co. v. Mill Owners Mutual Fire Ins.Supreme Court of Iowa · 1905
3Cited by9 opinions
- Liverpool London Globe Ins. Co. v. McCreeSupreme Court of Alabama · 1925
- Pond v. AndersonSupreme Court of Iowa · 1950
- Fletcher Savings & Trust Co. v. American State BankIndiana Supreme Court · 1925
- SHELBY NAT'L. BK., ADM. v. MillerIndiana Court of Appeals · 1970
- Howe v. Sioux CountySupreme Court of Iowa · 1917
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