McNamara & McCarty v. Harrison & Green
Supreme Court of Iowa
Appeal from Woodbury District Court. — Hon. C. H. Lewis, Judge. The plaintiffs seek by tbis action to recover a balance claimed to be due upon a written contract by wliicb plaintiffs undertook to do certain grading on a branch of the Chicago, Milwaukee & St. Paul railroad. There was a trial by jury. After the evidence was introduced the court directed the jury to return a verdict for the defendant. The plaintiffs appeal.
1Opinion of the Court
•RotheocK, C. J.
I. The defendants were contractors for the construction of a branch of the Chicago, Milwaukee & St. Paul railroad from Sioux City to Manilla in this state. They entered into a written contract with the plaintiffs by which the plaintiffs undertook to grade a part of the line. The plaintiffs claim that they completed their contract, and that the defendants have failed and refused to pay them in full for said grading, and that there is a balance of about one thousand dollars yet due. The contract provided'that plaintiffs were to receive for making embankment the sum of fifteen…
2Cases cited4 opinions
- Holmes v. RichetCalifornia Supreme Court · 1880
- McMahon v. . the New York and Erie Railroad CompanyNew York Court of Appeals · 1859
- Herrick v. Estate of BelknapSupreme Court of Vermont · 1854
- Smith v. BriggsNew York Supreme Court · 1846
3Cited by8 opinions
- Read & Traversy v. State InsuranceSupreme Court of Iowa · 1897
- Bush v. JonesCourt of Appeals for the Third Circuit · 1906
- Cowles v. J. C. Mardis Co.Supreme Court of Iowa · 1921
- C. T. Fitts & Co. v. ReinhartSupreme Court of Iowa · 1897
- Miller v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
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