Fullerton v. City of Des Moines
Supreme Court of Iowa
Appeal from Polk District Court. — Hon. W. H. McHenry, Judge. Action in equity to enjoin payment of a claim allowed by the City Council of Des Moines in favor of the Barber Asphalt Paving Company. Decree was entered as prayed, and the paving company appeals.
1Opinion of the CourtLadd, J.
The Barber Asphalt Paving Company entered into a contract with the city of Des Moines to lay asphalt pavement on East- Fifth street and East Maple street. The work having been completed, the company received paving certificates in payment to the extent of $1.40 per cubic yard, and presented its claim for resurfacing the old foundation as' per its bid of $4 per cubic yard for “extra concrete,” alleged to have been furnished in the construction of the improvements, in the sum of $3,492.40. This claim was investigated by a committee of the city council, and, upon favorable report, was allowed by…
2Cases cited10 opinions
- Lee v. PercivalSupreme Court of Iowa · 1892
- Owens v. City of MarionSupreme Court of Iowa · 1905
- Casgrain v. Milwaukee CountyWisconsin Supreme Court · 1892
- Corey v. City of Fort DodgeSupreme Court of Iowa · 1907
- Shields v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1903
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3Cited by4 opinions
- State v. Kahua Ranch, LimitedHawaii Supreme Court · 1963
- Gjellefald v. Drainage District No. 42Supreme Court of Iowa · 1927
- Haralson v. City of DallasCourt of Appeals of Texas · 1929
- Tony Amodeo Co. v. Town of WoodwardSupreme Court of Iowa · 1921