J. W. Turner Improvement Co. v. City of Des Moines
Supreme Court of Iowa
Appeal from Polh District Court. — Hon. Hugh Brennan, Judge. Action at law to recoven damages for loss of interest on certain assessments for street improvement due to the unreasonable and negligent delay of the city in levying the assessments against the property benefited by the improvement. The trial court sustained a demurrer to the petition, and plaintiff appeals.
1Opinion of the CourtDeemer, J.
Plaintiff had a contract with defendant city for the construction of a sewer. Under the terms of the contract work was to be completed on or before September 1, 1908. Payment was to be in assessment certificates to the extent that the city had power to assess against abutting property, and the remainder was to be in city warrants drawn upon the sewer fund. Whenever sections of the work were completed to the satisfaction of the city engineer and board of public works, the city was to cause assessments to be made against the property liable to assessment.
The contract between the plaintiff and…
2Cases cited11 opinions
- Seifert v. . City of BrooklynNew York Court of Appeals · 1886
- Ft. Dodge Electric Light & Power Co. v. City of Ft. DodgeSupreme Court of Iowa · 1902
- Reilly v. . City of AlbanyNew York Court of Appeals · 1889
- Barber Asphalt Paving Co. v. City of DenverCourt of Appeals for the Eighth Circuit · 1896
- Commercial National Bank v. City of PortlandOregon Supreme Court · 1893
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3Cited by5 opinions
- Hauge v. City of Des MoinesSupreme Court of Iowa · 1927
- Barber Asphalt Paving Co. v. City of Des MoinesSupreme Court of Iowa · 1921
- Grand Lodge of the Ancient Order of United Workmen v. City of BottineauNorth Dakota Supreme Court · 1929
- Lytle v. AmesSupreme Court of Iowa · 1938
- Western Asphalt Paving Corp. v. City of MarshalltownSupreme Court of Iowa · 1926