Stoner-McCray System v. Manhattan Oil Co.
Supreme Court of Iowa
Appeal from Polk District Court. — Chas. A. Dudley, Judge. Action upon a contract, for- the erection and painting of fifty bulletin boards, and the painting of a like number of wall signs, for advertising defendant’s business in this state. Defendant admitted the contract, but pleaded plaintiff’s failure to perform, on its part, and also interposed two counterclaims, one of which was withdrawn, before the submission of the case-to the jury.
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Appeal from Polk District Court. — Chas. A. Dudley, Judge. Action upon a contract, for- the erection and painting of fifty bulletin boards, and the painting of a like number of wall signs, for advertising defendant’s business in this state. Defendant admitted the contract, but pleaded plaintiff’s failure to perform, on its part, and also interposed two counterclaims, one of which was withdrawn, before the submission of the case-to the jury. Upon issues joined and not withdrawn, the ease went to trial to a jury, resulting in a verdict and judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDeemer, J.
I. Plaintiff is engaged in constructing, erecting, and painting signs for advertising purposes, and defendant was engaged in the business of handling oils of various kinds, and particularly, what was known as “Trop-Artic,” and “Non-Carbon Russian Oil.” Desirous of advertising its products extensively over the state, it entered into a written contract with plaintiff, from which we extract the following :
“The party of the first part (plaintiff) agrees to erect and maintain in a first-class condition 50 bulletin boards located on the highways known as the ‘River to River Road’ and…
2Cases cited4 opinions
- Richmond v. Dubuque & Sioux City R. R.Supreme Court of Iowa · 1871
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Hanson v. KlineSupreme Court of Iowa · 1907
- James v. Kibler's Adm'rSupreme Court of Virginia · 1896
3Cited by4 opinions
- Anthony v. O'BrienSupreme Court of Iowa · 1920
- Willis v. SchertzSupreme Court of Iowa · 1919
- Commercial Credit Co. v. HazelSupreme Court of Iowa · 1932
- Read v. FergusonSupreme Court of Iowa · 1940