Bangs v. Berg
Supreme Court of Iowa
Appeal from Wr.igM District Court. — IIon. J. L. Stevens, Judge. Action in equity to recover an amount alleged to "be due lor sinking and completing a well, and to foreclose a mechanic’s lien therefor. A motion to strike ■out certain portions of the petition was overruled. A ■ demurrer to the petition was then overruled. The defendant refusing to further plead, a decree was rendered in favor of the plaintiff as prayed. The defendant ^appeals.
1Opinion of the CourtRobinson, J.
The petition alleges that on the Twentieth day of August, 1889, the plaintiff entered into an oral agreement with the defendant to furnish the materials and machinery and labor required for, ■and to sink and put in, a tubular well, and to place therein a pump ; that the tubing for the well was to be ■of iron, two inches in diameter; that the well was to furnish sufficient water for stock and farm purposes; that for the labor and materials required to be furnished by the plaintiff the defendant agreed to board the hands and team engaged in doing the work, and to pay one dollar for each foot of…
2Cited by11 opinions
- National Surety Co. v. United States ex rel. Pittsburgh & Buffalo Co.Court of Appeals for the Sixth Circuit · 1916
- Empire State Surety Co. v. City of Des MoinesSupreme Court of Iowa · 1911
- Green Bay Lumber Co. v. MillerSupreme Court of Iowa · 1895
- Francesconi v. Independent School DistrictSupreme Court of Iowa · 1927
- Johnson v. OttoSupreme Court of Iowa · 1898
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