Grady v. SE Gustafson Construction Company

Thornton, J.-

At the outset it should be mentioned the trial and disposition of this case would have been facilitated by the use of pretrial procedure provided for in Division VI, rules 135 to 139, both inclusive, of the Rules of Civil Procedure.

Plaintiff, a subcontractor, brings this action in equity under the provisions of section 573.16, Code of Iowa, 1958, against the contractor, its surety and the Highway Commission. The contractor will be referred to herein as the sole defendant. Plaintiff’s action is based on a claimed balance due under the terms ■of a written contract and a series of…