Bryan v. Brazil
Supreme Court of Iowa
Appeal from Polh District Cowrt, This is an action for the recovery of an alleged balance due the plaintiff for the erection of a Catholic Church in Folk County, Iowa, under a written contract with the defendant. There was a jury trial and verdict and judgment for plaintiff for $913. The defendant appeals.
1Opinion of the CourtDay, J.
I. The defendant entered into a written contract with the plaintiff for the erection of the church in question on William Ryan’s property, Washington Township, Polk County, for $1215. The contract contains the following provision: “It is also stipulated that the notes of congregation who are to worship in said church, which notes are now in the hands of the party of the first part, are to be turned over without recourse to party of second part as payment when building is .accepted.” The answer of the defendant contains the following paragraphs: “2nd. That he executed the contract sued on as…
2Cited by9 opinions
- Stevenson v. PolkSupreme Court of Iowa · 1887
- Nakdimen v. BakerCourt of Appeals for the Eighth Circuit · 1940
- Marshall v. BullardSupreme Court of Iowa · 1901
- Bender v. BeenSupreme Court of Iowa · 1889
- Consumers Twine & Machinery Co. v. Mount Pleasant Thermo Tank Co.Supreme Court of Iowa · 1923
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