Mallory v. Montgomery County
Supreme Court of Iowa
Appeal from Mills Circuit Court. The plaintiff’s petition alleges in the first count that in tlie month of February, 1868, the defendant entered into a ■written contract with one N. E. Snodgrass for the construction of a bridge across the Middle Nodaway river, near Yillisca, for the sum of fourteen hundred and twenty-five dollars; that on the 8th day of April, 1869, said Snodgrass .sold and transferred by writing his interest in said contract to the plaintiff; that about…
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Appeal from Mills Circuit Court. The plaintiff’s petition alleges in the first count that in tlie month of February, 1868, the defendant entered into a ■written contract with one N. E. Snodgrass for the construction of a bridge across the Middle Nodaway river, near Yillisca, for the sum of fourteen hundred and twenty-five dollars; that on the 8th day of April, 1869, said Snodgrass .sold and transferred by writing his interest in said contract to the plaintiff; that about said last named date the defendant consented to a change in the construction of said bridge, and to the assignment of the…
1Opinion of the CourtDay, J.
I. It is conceded that the bridge is not constructed in accordance with the original written contract with Snodgrass. .It is also conceded that the written assent of the various members of the board of supervisors to a change in the plan of construction does not bind the county. Respecting this the court properly instructed the jury as follows:
1. contract : supervisors. “The first question for you to determine is whether the defendant consented to the change in the construction of said bridge as specified in the writing signed by said Joseph Carlisle and others. That writing purports -^g the…
2Cases cited2 opinions
- Zottman v. City & County of San FranciscoCalifornia Supreme Court · 1862
- Knowles v. City of MuscatineSupreme Court of Iowa · 1866
3Cited by4 opinions
- Western Railway v. Ala. Grand Trunk RailroadSupreme Court of Alabama · 1892
- Modern Steel Structural Co. v. Van Buren CountySupreme Court of Iowa · 1905
- Burge v. Town of Rockwell CitySupreme Court of Iowa · 1903
- Driscoll v. Ind. School District of Council BluffsSupreme Court of Iowa · 1883