Wolf v. Des Moines & Ft. Dodge R'y Co.
Supreme Court of Iowa
Appeal from Polk Cirouit Court. .Plaintiffs brought'this action in equity to recover an alleged balance due them for work and labor performed by them in constructing the embankment or earth work of twenty-six miles of railway for the defendant. The judgment of the circuit court was for defendant, and plaintiff appeals.
1Opinion of the CourtReed, J.
The petition sets out the contract between the parties, which is in writing, and alleges that in pursuance of the contract plaintiff performed work and labor to the amount of $30,103.45, and that there remains due therefor the sum of $4,500, for which amount, with interest, they ask judgment. They also ask for the establishment and enforcement of a mechanic’s lien on the section of road on which said work was done.
The defendant’s answer admits the making of the contract, and that plaintiffs performed work and labor thereunder to the amount charged in the petition.
■ And it is alleged therein…
2Cases cited3 opinions
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Geiger v. Westerland Maryland RailroadCourt of Appeals of Maryland · 1874
- Pierce v. JungWisconsin Supreme Court · 1859
3Cited by10 opinions
- Sun Printing and Publishing Assn. v. MooreSupreme Court of the United States · 1902
- Hennessy v. MetzgerIllinois Supreme Court · 1894
- State v. BrocksSupreme Court of Iowa · 1922
- Jaqua v. HeadingtonIndiana Supreme Court · 1888
- DeGraff, Vrieling & Co. v. WickhamSupreme Court of Iowa · 1892
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