Barz v. Sawyer
Supreme Court of Iowa
Appeal from Hancock District Court. — Hon. J. J. Clark and Hon. C. H. Kelley, Judges. Suit in the nature of a bill for the review of a decree previously entered and praying to amend the same so as to render it effectual. A demurrer to the petition was overruled, and defendants, electing to stand on the ruling, decree was entered as prayed.
1Opinion of the CourtLadd, J.
In 1905 the board of supervisors of Hancock county established drainage district No. 9, and the contract for the excavation of sections 3, 4, and 5 of the ditch was let to the Interstate Drainage & Investment Company. It completed the work, but “failed to perform its contract in the time and manner specified by the contract to do the work in good workmanlike manner with respect to the sides of the drainage ditch, in that the sides were left rough and uneven, and in giving proper slope, and that there was caving and injury in parts of the ditch that interfere with its efficiency, and failed to…
2Cases cited21 opinions
- WHITING v. the Bank of the United StatesSupreme Court of the United States · 1839
- Merrimack River Savings Bank v. City of Clay CenterSupreme Court of the United States · 1911
- Milkman v. OrdwayMassachusetts Supreme Judicial Court · 1870
- Dolph v. CrossSupreme Court of Iowa · 1911
- Wingert v. First Nat. Bank of HagerstownSupreme Court of the United States · 1912
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3Cited by2 opinions
- Huddleston v. DwyerCourt of Appeals for the Tenth Circuit · 1943
- City of Fairfield v. DashiellSupreme Court of Iowa · 1933