Smith & Nelson v. Bristol
Supreme Court of Iowa
Appeal from Bremer Circuit Court. Action by house carpenters to recover balance claimed to be due on a contract for building an addition to a house. Defense, defective and unskillful work, and that plaintiffs bad not completed their contract. Defendant also sets up a counter-claim for defective and unworkmanlike work, etc. Trial to a jury, which found a verdict of five dollars for the defendant. Judgment being entered thereon, the plaintiffs appealed.
1Opinion of the CourtCole, J.
1. Contract : POR building : damages. The errors assigned relate to the instruction given and refused. The plaintiffs asked the court to instruct the jury that the measure of defendant’s damages will be what it will cost to procure to be done the work necessary to make the building conform to the terms of the contract. This was refused. If the building simply lacked' certain particular items in order to complete it, the rule of damages as asked -would amount to the general rule, that plaintiffs are entitled to recover for their work done according to the contract, at the contract price, and…
2Cited by11 opinions
- Markman v. HoeferSupreme Court of Iowa · 1960
- Kirk v. RidgwaySupreme Court of Iowa · 1985
- Rosauer Corporation v. Sapp Development, L.L.C. Todd Sapp Whispering Creek, L.L.C. And W.C. Development, Inc.Supreme Court of Iowa · 2014
- Kilbourne v. Jennings & Co.Supreme Court of Iowa · 1875
- McCullough v. S. J. Hayde Contracting Co.Supreme Court of Kansas · 1910
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