Cottong v. Zybell
Supreme Court of Iowa
Appeal from Calhoun District Court. — E. G. Albert, Judge. Action for boring and casing four wells resulted in a directed verdict for defendant and judgment thereon. The plaintiff appeals.
1Opinion of the CourtLadd, J.
Pleading : amendments: conform ins pleading to proof: uneontroverted facts. The plaintiff’s assignor, Joseph McGowan, bored and put casings in four wells for defendant, three in one farm and one in auother, all during the year 1911. The petition is in four counts, each alleging that a well was put down at a time named, and the value of boring and also of digging, and that the sum of $75 was paid on the first well. The defendant answered by pleading a general denial, and that the employment alleged was “with the understanding and agreement that the said Joe McGowan would make him a well that…
2Cited by5 opinions
- A. Y. McDonald Co. v. MorrisonSupreme Court of Iowa · 1930
- Charles G. Lowery Co. v. LampSupreme Court of Iowa · 1925
- Breen v. Iowa Central Railway Co.Supreme Court of Iowa · 1918
- Trask v. GibbsSupreme Court of Iowa · 1972
- Trask v. GibbsSupreme Court of Iowa · 1972