Legal Opinion

McGillivray Bros. v. District Township of Barton

Supreme Court of Iowa

Decided January 23, 1896PublishedCited by 17 opinions

Appeal from Worth District Court.- — -Hon. P. W. Burr, Judge. Action against the defendant for the recovery of a balance claimed to be due for lumber furnished a contractor for the erection of a school house for defendant district. Demurrer to petition sustained, and plaintiffs appeal.

1Opinion of the CourtKinne, J.

-I. The following facts appear in the petition: Plaintiffs, who are dealers in lumber, entered into a contract with one Hays to furnish him lumber for a certain school house, which he was to erect for the defendant district, for four hundred dollars. They claim there Is a balance of one hundred ,an.d twenty-two dollars and eighty-two cents and interest due *630them. The last of the material was furnished on October 29,1892. An itemized statement of the lumber ■so furnished was filed with the proper officers of defendant on November 26,1892. It was in fact sworn to by one of the members of…

2Cases cited4 opinions

  1. Ware v. Delahaye & PurdySupreme Court of Iowa · 1895
  2. Lounsbury v. Iowa, Minnesota & North Pacific R. Co.Supreme Court of Iowa · 1878
  3. McNaught v. C. & N. W. R. R.Supreme Court of Iowa · 1870
  4. Breneman v. HarveySupreme Court of Iowa · 1886

3Cited by17 opinions

  1. Gossard v. VawterIndiana Supreme Court · 1939
  2. Board of Park Commissioners v. TaylorSupreme Court of Iowa · 1906
  3. Miller v. Palo Alto Board of SupervisorsSupreme Court of Iowa · 1957
  4. Modern Steel Structural Co. v. Van Buren CountySupreme Court of Iowa · 1905
  5. E. J. Hollingsworth Co. v. Continental-Diamond Fibre Co.Superior Court of Delaware · 1934

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