Legal Opinion

Volquardsen v. Davenport Hospital

Supreme Court of Iowa

Decided May 14, 1913PublishedCited by 6 opinions

Appeal from Scott District Court. — Hon.' A. J. House, Judge. Suit to establish mechanic's lien for balance owing for the construction of a- hospital. A counterclaim was filed, and on hearing $800 was allowed thereon, and deducted from the contract price. The plaintiff appeals.

1Opinion of the CourtLadd, J.

On November 19, 1908, Phillips & Yolquardsen entered into a written contract with the Davenport Hospital, a corporation, for the construction of a building to be used as a hospital. The price with extras amounted to $13,342.90, of which all but $3,120.80 was paid. Claim for a mechanic’s lien was filed, and suit to foreclose the same begun by Yolquardsen, to whom Phillips had assigned any interest he had in the claim. By way of counterclaim defendant demanded $1,680 as liquidated damages for delay in eompleteing the building, and $400 as damages because of defective cement work. Other items,…

2Cases cited3 opinions

  1. Chicago Lumber & Coal Co. v. GarmerSupreme Court of Iowa · 1906
  2. Burke v. City of KansasMissouri Court of Appeals · 1889
  3. Smith v. Scott's Ridge School DistrictSupreme Court of Connecticut · 1850

3Cited by6 opinions

  1. F. E. Marsh & Co. v. Light & Power Co.Supreme Court of Iowa · 1923
  2. Smith v. Board of EducationWest Virginia Supreme Court · 1915
  3. Benson v. BrownSupreme Court of Iowa · 1920
  4. Inc. Town of Bono v. Universal Tank & Iron WorksSupreme Court of Arkansas · 1965
  5. Iowa Electric Light & Power Co. v. HoppSupreme Court of Iowa · 1936

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