Baker v. Washington County
Supreme Court of Iowa
Appeal from Henry District Court. Plaintiff’s case, as shown by his petition, is this: Under and by virtue of certain resolutions of the board of supervisors of Washington county, passed June 8th, 1864, he performed all and singular the services therein contemplated; that is to say, he retook all the required proofs in relation to the swamp lands of the county, to the satisfaction of the board, procuring the necessary witnesses and arranging the necessary blank forms.
Read the full summary
Appeal from Henry District Court. Plaintiff’s case, as shown by his petition, is this: Under and by virtue of certain resolutions of the board of supervisors of Washington county, passed June 8th, 1864, he performed all and singular the services therein contemplated; that is to say, he retook all the required proofs in relation to the swamp lands of the county, to the satisfaction of the board, procuring the necessary witnesses and arranging the necessary blank forms. The taking of these proofs required extraordinary skill. Plaintiff’s remuneration was to be as fixed by said resolutions. Upon…
1Opinion of the CourtWright, J.
— The court instructed tbe jury substantially as follows:
1. That tbe resolutions of tbe board maybe considered to determine wbat tbe parties regarded plaintiff’s services reasonably worth.
2. If plaintiff performed tbe service at defendant’s instance, he is entitled to recover for tbe value of tbe same, as shown by tbe evidence.
3. It was competent for the board to employ plaintiff to perform such services for tbe use of tbe county.
é. The board could not make tbe contract set out in tbe resolutions; but they are proper evidence to show that tbe services, if any, were performed at tbe instance…
2Cases cited1 opinion
- Webster County v. TaylorSupreme Court of Iowa · 1865
3Cited by4 opinions
- Cedar Rapids Water Co. v. City of Cedar RapidsSupreme Court of Iowa · 1902
- Allen v. Cerro Gordo CountySupreme Court of Iowa · 1871
- Harrison v. Palo Alto CountySupreme Court of Iowa · 1898
- Baker v. Johnson CountySupreme Court of Iowa · 1876