Legal Opinion

Independent School District v. Mardis

Supreme Court of Iowa

Decided October 12, 1898PublishedCited by 8 opinions

Appeal from Polk District Court. — Hon. C. P. Holmes,. Judge. Of the contract price for the construction of a high school building, three thousand six hundred and forty dollars was withheld by the plaintiff, and this action was brought to require the defendants, except the contractor, to interplead and establish their claims against said fund.

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Appeal from Polk District Court. — Hon. C. P. Holmes,. Judge. Of the contract price for the construction of a high school building, three thousand six hundred and forty dollars was withheld by the plaintiff, and this action was brought to require the defendants, except the contractor, to interplead and establish their claims against said fund. Decree was entered applying it pro rata on the claims of J. A. G-arver & Oo., J. K. & W. H. Gilcrest, Dunreath Quarry Company, Iowa Brick Company, and St. John & Barquist, and any balance remaining on that of the People’s Savings Bank of Des Moines. The…

1Opinion of the CourtLadd, J.

1 Eighty-five per centum of the cost of the construction of the high school building was paid on certificates of the superintendent as the work progressed. The remaining fifteen per centum, or three thousand six hundred and forty dollars, was to be paid, under the contract, “in thirty days after the satisfactory completion and acceptance of the work herein named; provided, however, in case of any notice to the party of the second part of any claim for mechanics’ liens for labor or material furnished by subcontractors or others, or in case any such labor or materials remain unpaid for by the…

2Cases cited8 opinions

  1. Jordan v. KavanaughSupreme Court of Iowa · 1884
  2. Baker & Co. v. BryanSupreme Court of Iowa · 1884
  3. Charnock v. District Township of ColfaxSupreme Court of Iowa · 1879
  4. Hunt v. KingSupreme Court of Iowa · 1896
  5. Davis v. RitcheySupreme Court of Iowa · 1881

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Hipwell v. the National Surety Co.Supreme Court of Iowa · 1905
  2. Howard County v. PeshaNebraska Supreme Court · 1919
  3. Maryland Casualty Co. v. Des Moines City Evangelization UnionSupreme Court of Iowa · 1918
  4. Independent School District v. HallSupreme Court of Iowa · 1913
  5. South High School Dist. of Summit County v. McMillan Paper & Supply Co.Utah Supreme Court · 1917

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