Sullivan v. Nicoulin
Supreme Court of Iowa
Appeal from Kossuth District Court.- — ITon. W. B. Quarton, Judge. Action by tlie administrator of S. I. Plumley, deceased, to recover for services rendered and materials fur-, nisbed in laying tbe wall for and plastering defendant’s bouse. Tbe answer put in issue tbe performance of tbe work as agreed, pleaded certain payments, a counterclaim for damages, and other items, and also alleged thep rior adjustment of all differences by arbitration.
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Appeal from Kossuth District Court.- — ITon. W. B. Quarton, Judge. Action by tlie administrator of S. I. Plumley, deceased, to recover for services rendered and materials fur-, nisbed in laying tbe wall for and plastering defendant’s bouse. Tbe answer put in issue tbe performance of tbe work as agreed, pleaded certain payments, a counterclaim for damages, and other items, and also alleged thep rior adjustment of all differences by arbitration. A demurrer to the plea averring arbitration was sustained. Tbe other issues were submitted to a jury, and judgment entered on the verdict against…
1Opinion of the CourtLadd, J.
1 *792 *78After Plumley’s death, pending the probate of his will, E. H. Clarke was appointed special administrator, and while acting in that capacity, and without the order or approval of court, entered into an agreement with the defendant to submit to arbitration, among other things, whether anything should be allowed the estate for the plastering, and, if so, what amount, and also what amount of damages defendant had suffered by reason of the work not being properly done. The arbitrators found that the estate should recover nothing, and defendant be alloived $75 as damages. The court, in…
2Cases cited20 opinions
- Cluett v. RosenthalMichigan Supreme Court · 1894
- Wood v. . TunnicliffNew York Court of Appeals · 1878
- Spies v. ProvineTexas Supreme Court · 1890
- Hutchins v. JohnsonSupreme Court of Connecticut · 1837
- Long v. BurnettSupreme Court of Iowa · 1862
15 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Rauen v. Prudential Insurance Co. of AmericaSupreme Court of Iowa · 1906
- State ex rel. American Manufacturing Co. v. AndersonSupreme Court of Missouri · 1917
- Warren v. GrahamSupreme Court of Iowa · 1916
- Banks v. CarrellSupreme Court of Iowa · 1950
- Lansing v. Bever Land Co.Supreme Court of Iowa · 1912
7 more not listed; retrieve them via the Exa API.