Legal Opinion

Miller v. Mason City & Fort Dodge Railroad

Supreme Court of Iowa

Decided July 10, 1906PublishedCited by 5 opinions

Appeal from Webster District Court.— Hon. J. H. Richard, Judge. Action to recover for services rendered by plaintiff to defendant under a contract to drill and case wells for tbe defendant at various points along its line of road, and for damages caused to plaintiff by the failure of defendant to comply with the terms of its contract as to furnishing casings. Verdict and judgment for plaintiff.

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Appeal from Webster District Court.— Hon. J. H. Richard, Judge. Action to recover for services rendered by plaintiff to defendant under a contract to drill and case wells for tbe defendant at various points along its line of road, and for damages caused to plaintiff by the failure of defendant to comply with the terms of its contract as to furnishing casings. Verdict and judgment for plaintiff. Each party appeals, but defendant, having first served notice of appeal, will be designated as the appellant.

1Opinion of the Court

McClain, C. J.—

The written agreement made September 4, 1902, between the plaintiff and defendant, contains substantially the following stipulations: The plaintiff agreed to do all the work and furnish all the tools required to drill and case six-inch wells at such points along the line of defendant’s road and to such depths as should be designated by the chief or an assistant engineer of defendant, and defendant agreed to furnish the iron casings for such wells and deliver the same to the points required as soon as its tracks should reach said points. All work done by the plaintiff was to be…

2Cases cited13 opinions

  1. Pixler v. NicholsSupreme Court of Iowa · 1859
  2. McClay v. HedgeSupreme Court of Iowa · 1864
  3. Inman Manufacturing Co. v. American Cereal Co.Supreme Court of Iowa · 1904
  4. Ross v. McArthur Bros.Supreme Court of Iowa · 1892
  5. Wolf, Carpenter & Angel v. GerrSupreme Court of Iowa · 1876

8 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Canfield Lumber Co. v. Kint Lumber Co.Supreme Court of Iowa · 1910
  2. Granette Products Co. v. Arthur H. Neumann & Co.Supreme Court of Iowa · 1925
  3. Cowles v. J. C. Mardis Co.Supreme Court of Iowa · 1921
  4. Henry v. JonsSupreme Court of Iowa · 1914
  5. Goben v. Des Moines Asphalt Paving Co.Supreme Court of Iowa · 1929

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