Legal Opinion
Hutton v. Maines
Supreme Court of Iowa
Decided April 22, 1886PublishedCited by 3 opinions
Appeal from Gass District Court. Plaintiff brought this action in equity to recover the price of certain lightning-rods which he alleges he furnished and erected upon defendant’s dwelling-house and barns, under a written contract, and to foreclose a mechanic’s lien therefor. The district court entered judgment in accordance with the prayer of plaintiff’s petition. Defendant appeals.
1Opinion of the Court
' Eeed, J.
i. contract: evidence: parol to vary writing. I. Plaintiff alleges that he furnished the materials and performed the work for which lie seeks to recover under a written contract, of which the following . IS a copy.
“ ORDER FOR ERECTION OF RODS.
“Mr. Tostevin, Agent for J. W. Hutton — Sir: Erect or deliver, at your earliest convenience, your Franklin lightning-rods on my house and two barns; three points, two ground-rods, on each building, in accordance with the scientific rules as printed on the back of this order. And I agree to settle for the same, upon completion of work, by cash,…
2Cited by3 opinions
- Stoddard v. NelsonOregon Supreme Court · 1889
- Bigelow v. WilsonSupreme Court of Iowa · 1889
- Miller v. GraySupreme Court of Iowa · 1928