Wolf, Carpenter & Angel v. Gerr
Supreme Court of Iowa
Appeal from Mills Circuit Cou/rt. The plaintiffs claim of defendants $300, the amount of an accepted draft paid for their use, and the further sum of $250 advanced to them.
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Appeal from Mills Circuit Cou/rt. The plaintiffs claim of defendants $300, the amount of an accepted draft paid for their use, and the further sum of $250 advanced to them. The answer admits the allegations of the pétition, and in the second count, by way of counter-claim, alleges in substance that, pursuant to a printed and written contract entered into between plaintiffs and defendants, the defendants did grading upon the Burlington & Missouri Eiver Eailroad, on section fifty-six west of Áfton; that they did not complete said section, but quit work on the'18th day of July, and that…
1Opinion of the CourtDay, J.
1. contbact: damages.' The count of the answer demurred to sets up a good cause of action against the plaintiff. It is now the set-tied doctrine' in this State that a party who has failed to perform in full his contract may recover compensation for the part performed, less the damages occasioned by his failure. Pixler v. Nichols, 8 Iowa, 106; McClay v. Hedge, 18 Id., 66; Jemmison v. Gray, 29 Id., 539. The answer in this case alleges that defendants removed 2180 cubic yards of earth, for which they were to have, under their contract, the sum of $872, and that they have been paid thereon only…
2Cases cited1 opinion
- Pixler v. NicholsSupreme Court of Iowa · 1859
3Cited by12 opinions
- Whitesell v. HillSupreme Court of Iowa · 1897
- McCurry v. . PurgasonSupreme Court of North Carolina · 1915
- Duncan v. BakerSupreme Court of Arkansas · 1878
- Coal Co. v. . Ice Co.Supreme Court of North Carolina · 1904
- Thompson & Son v. BrownSupreme Court of Iowa · 1898
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