Farmers Loan & Trust Co. v. Wright County
Supreme Court of Iowa
Appeal from Wright District Court. — E. M. McCall, Judge. ACTION in mandamus to compel the defendants to issue warrants in payment for the construction of a drainage ditch. The relief prayed for was denied, without prejudice to the right of the plaintiff to file an amendment upon quantum meruit. Plaintiff appeals. —
1Opinion of the CourtFaville, J.
i drains- manda-recogniz^Tofficial estimates. I. The appellant is the assignee of one Daniel J. Murphy, who had a contract for the construction of a county joint drainage ditch, about one mile in length. The contract called for the excavation of 28,824 cubic yards, at 14.7"cents per cubic yard. Murphy began the construction of the ditch on June 1, 1916, and continued the same until on or about July 25, 1916. By some mishap, after being awarded the contract, he failed to get the contract and bond on file until September 25, 1916. All parties agree that the work was done under the contract. The…
2Cases cited2 opinions
- Littell v. Webster CountySupreme Court of Iowa · 1911
- Federal Contracting Co. v. Board of SupervisorsSupreme Court of Iowa · 1911