Gorton v. Brothers
Supreme Court of Iowa
Appeal from Calhoun District Court. — Hon. Z. A. Church, J udge. Action at law to recover remainder alleged to be due upon contract for labor and service in the construction of a ditch. There was a verdict and judgment for plaintiff, and defendants appeal.
1Opinion of the CourtWeaver, J.
The defendants, being under contract to construct a certain tile ditch, sublet to plaintiff the work of excavating the trench to grade and laying the tile. He was not required to do the back filling, but was at liberty to do so. The defendants undertook to' inspect the work every two weeks, and, if they found it properly done in accordance with the engineer’s profile of survey, to pay plaintiff eighty percent of the contract price for the work so done, and at the due completion of the ditch and a showing that all labor claims had been satisfied they would pay the remainder of said contract…
2Cases cited2 opinions
- Prior v. SchmeiserSupreme Court of Iowa · 1896
- Old Settlers' Investment Co. v. Marshall Vinegar, Pickle & Soap Co.Supreme Court of Iowa · 1907
3Cited by6 opinions
- Siebring Manufacturing Co. v. Carlson Hybrid Corn Co.Supreme Court of Iowa · 1955
- Stratmeyer v. HoytSupreme Court of Iowa · 1919
- Hayes v. RamseySupreme Court of Iowa · 1928
- Golwitzer v. HummelSupreme Court of Iowa · 1925
- Lagerloef Trading Co. v. American Paper Products Co.Court of Appeals for the Seventh Circuit · 1923
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