Central Trust Co. v. City of Des Moines

— The plaintiff’s right of recovery and defendant’s failure to sustain-six of its counterclaims are not disputed. The question is whether there was sufficient evidence to go to the jury on the two remaining counterclaims. These two eoun- terclaims are based on a contract dated Jnly 24, 1916, for paving Bast Fourteenth Street, and a contract dated April 25, 1917, for paving East Court Avenue. Defendant in argument concedes that the Fourteenth Street paving was completed November 15, 1916, and the Court Avenue paving was completed August 15, 1917.

The contract sued on was made November 29, 1922,…