A. M. Dillow & Co. v. City of Monticello
Supreme Court of Iowa
Appeal from Jones District Court. — IIon. W. N. Treici-iler, Judge. The petition alleged that the plaintiff entered into a contract with defendant to drill a twelve-inch well to be used for city purposes on the following terms, the city being designated as party of the first part and plaintiff as party of the second part: Party of. the first part agrees.'to pay unto party of the second part four dollars per foot for the digging of said well, to be drilled as deep as the…
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Appeal from Jones District Court. — IIon. W. N. Treici-iler, Judge. The petition alleged that the plaintiff entered into a contract with defendant to drill a twelve-inch well to be used for city purposes on the following terms, the city being designated as party of the first part and plaintiff as party of the second part: Party of. the first part agrees.'to pay unto party of the second part four dollars per foot for the digging of said well, to be drilled as deep as the party of the first part shall see fit, but not in' any event to exceed four hundred feet, and not less than .two hundred and…
1Opinion of the CourtLadd, J.
It seems that, after the plaintiff had sunk the twelve-inch pipe in the well seventy-five feet, a coupling slipped down on one section of the pipe four or five inches, rendering the particular- section of pipe useless, and that, before the work could be continued, this pipe must have been removed. The sole issue is whether under the terms of the contract as pleaded defendant was required to remove or cause to be removed this pipe so as to enable plaintiff to proceed with the work. According to the petition, the clause in the contract, “it [the city] will assume all risk on the twelve-inch…
2Cases cited3 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Stewart v. JaquesSupreme Court of Georgia · 1887
- McCarthy v. McArthurSupreme Court of Arkansas · 1901
3Cited by8 opinions
- Beeck v. Aquaslide 'N' Dive Corp.Supreme Court of Iowa · 1984
- Rouse v. O'ConnellNew York Supreme Court · 1974
- Brazil v. DupreeOregon Supreme Court · 1953
- Wall v. Mutual Life InsuranceSupreme Court of Iowa · 1934
- Gudinas v. Globe Mutual Life Insurance Co. of ChicagoAppellate Court of Illinois · 1928
3 more not listed; retrieve them via the Exa API.