Garretty v. Brazell
Supreme Court of Iowa
Appeal from Polk District Cov/rt. Action at law to recover for work and labor done, and materials furnished by plaintiff in building a catholic church. The petition alleges the performance of the work, the furnishing of the materials, and defendant’s promise to pay therefor. The answer of defendant admits plaintiff’s employment, but denies the other allegations of the petition.
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Appeal from Polk District Cov/rt. Action at law to recover for work and labor done, and materials furnished by plaintiff in building a catholic church. The petition alleges the performance of the work, the furnishing of the materials, and defendant’s promise to pay therefor. The answer of defendant admits plaintiff’s employment, but denies the other allegations of the petition. By way of a cross action, defendant sets up that he entered into a parol contract with plaintiff, whereby he undertook to furnish the material, and perform the labor necessary to build tbe cbureb. Tbe terms and…
1Opinion of the Court
Beok, Ch. J.
1. New trial: conflicting evidence. I. In this case, as indicated by the pleadings, the contest involves both the terms and conditions of the contract between the parties, and the character and quality of' the work and materials furnished by plaintiff. the evidence of the respective parties and their witnesses differs widely upon these points; the plaintiff claiming, and showing by bis own evidence and by the testimony of others, that the contract under which the building was erected required the materials and work to be of a certain description and character; the defendant upon…
2Cases cited1 opinion
- Wright v. Illinois & Mississippi Telegraph Co.Supreme Court of Iowa · 1866
3Cited by10 opinions
- State v. DudleySupreme Court of Iowa · 1910
- Baxter v. City of Cedar RapidsSupreme Court of Iowa · 1897
- Sutherland v. Standard Life & Accident InsuranceSupreme Court of Iowa · 1893
- Gilbert & Barker Manufacturing Co. v. ButlerMassachusetts Supreme Judicial Court · 1888
- Darling v. WestSupreme Court of Iowa · 1879
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