Haver v. Tenney
Supreme Court of Iowa
Appeal from, Cass Cweuit Court. Plaintiff sues on a written contract entered into between bimself and tbe defendants for tbe construction by bim of a brick hotel building, and to recover a balance alleged to be due bim tbereon; also to recover for extra work alleged to bave been performed by bim on said hotel building under a parol agreement with defendants, and to establish a mechanic’s lien on tbe building.
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Appeal from, Cass Cweuit Court. Plaintiff sues on a written contract entered into between bimself and tbe defendants for tbe construction by bim of a brick hotel building, and to recover a balance alleged to be due bim tbereon; also to recover for extra work alleged to bave been performed by bim on said hotel building under a parol agreement with defendants, and to establish a mechanic’s lien on tbe building. Tbe defendants admitted tbe making of tbe written contract, but denied tbe parol agreement and deny that plaintiff did any work on tbe building, except what be was required to do under…
1Opinion of the CourtMiller, J.
Tbe court below sustained defendants’ motion *81on the ground of erroneous rulings committed on the trial, in excluding certain evidence offered by the defendants. On the trial, plaintiff gave evidence showing that he completed the walls of the building to the top joists of the third story, about the 28th of September, 1871; and that about three weeks afterward he commenced work upon the walls and raised them three feet above said joists, by the 16th of October, 1871, making a wall three feet high and one hundred and sixty-seven feet in length, which he claims as extra work and not included in…
2Cases cited1 opinion
- Pinney v. ThompsonSupreme Court of Iowa · 1856
3Cited by1 opinion
- French v. Southwestern Telegraph & Telephone Co.Court of Appeals of Texas · 1913