Goben v. Des Moines Asphalt Paving Co.

(dissenting).' — I do not concur in the interpretation placed by the majority upon Count 1 of the petition, or upon the issues or theory upon which the case was tried, exceptions taken, or errors assigned, nor do I concur in the discussion of the law applicable to the right of recovery upon a contract for breach thereof, or to recover upon quantum meruit, or in the abstract correctness of such discussion. In my view of the record, Instruction No. 7, as applied to the issues and the theory upon which the case was tried, is correct.

Count 1 of the petition sets out a verbal contract, made August…