Wheelock v. Hull
Supreme Court of Iowa
Appeal from Boone District Court,— Hon. J. B. Whitaker, Judge. On August 15, 1901, defendant Hull entered into a written contract with E. O. Culver for the erection of a dwelling house in Eoone, the material provisions thereof being that said Culver agreed to furnish all labor -and material, and said Hull agreed to pay the sum .of $2,955, in four installments, as follows: Eighty-five per cent, of the finished work at the following stages: (1) When the foundation is complete;…
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Appeal from Boone District Court,— Hon. J. B. Whitaker, Judge. On August 15, 1901, defendant Hull entered into a written contract with E. O. Culver for the erection of a dwelling house in Eoone, the material provisions thereof being that said Culver agreed to furnish all labor -and material, and said Hull agreed to pay the sum .of $2,955, in four installments, as follows: Eighty-five per cent, of the finished work at the following stages: (1) When the foundation is complete; (2) when the roof is complete; (3) when the house is inclosed, completed outside, except last coat of paint; (4) within…
1Opinion of the CourtBishop, J.
Upon certificates of the architect payments were made by defendant Hull November 9, 1901, $800 being the amount of the first and second estimates of work completed, and April 5, 1902, $1,200 being the amount of the third estimate. It is conceded by all parties that she had paid the sum alleged by her to complete the building, and of this no complaint is made. The April payment was made, $700 to the defendant lumber company, $340 to various material men and láborers, not including appellant Davis, and $160 to the principal contractor, Culver. The balance in the hands of Mrs. Hull is therefore…
2Cases cited14 opinions
- Vreeland v. EllsworthSupreme Court of Iowa · 1887
- Chicago Lumber Co. v. WoodsideSupreme Court of Iowa · 1887
- County of Des Moines v. Hinkley & NorrisSupreme Court of Iowa · 1883
- Simonson Bros. Manufacturing Co. v. Citizens State Bank of GoldfieldSupreme Court of Iowa · 1898
- Wetmore v. MarshSupreme Court of Iowa · 1891
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3Cited by5 opinions
- Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
- Garrison Grain & Lumber Co. v. Farmers Mercantile Co.Supreme Court of Iowa · 1917
- W. D. Jenkins Lumber Co. v. Cramer Bros.Supreme Court of Iowa · 1916
- Cedar Rapids Sash & Door Co. v. HeinbaughSupreme Court of Iowa · 1918
- Mason City Brick & Tile Co. v. LamsonSupreme Court of Iowa · 1920