Mitchell v. Wiscotta Land Co.
Supreme Court of Iowa
Appeal from the Polls District Court. This is a suit to recover an amount claimed to be due to plaintiff on a written contract, for the erection of a buildiiig for defendants. Tbe contract in writing, is set forth in the petition. The answer denies any indebtedness, and denies that plaintiff has performed his part of the contract.
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Appeal from the Polls District Court. This is a suit to recover an amount claimed to be due to plaintiff on a written contract, for the erection of a buildiiig for defendants. Tbe contract in writing, is set forth in the petition. The answer denies any indebtedness, and denies that plaintiff has performed his part of the contract. And claims to set off against any amount that may be due plaintiff, damages alleged to have been sustained by defendant, by reason of the failure of plaintiff to perform his part of the contract, and by reason of the unworkmanlike manner in which the work is done.…
1Opinion of the CourtStockton, J.
The defendants’ first assignment of errors "is, that the court overruled the defendants’ demurrer to plaintiff’s petition. To this, it is answered that defendants waived their demurrer, by pleading over and going to trial. It is next assigned by the defendants, that the court erred in charging the jury, on motion of the plaintiff, “ That if defendants, or any of them, were at or about the house, during the construction thereof, and giving instructions in relation thereto, and they made no objection during that time, to the manner of construction, they cannot after the house is completed, and…
2Cited by7 opinions
- Kilbourne v. Jennings & Co.Supreme Court of Iowa · 1875
- Allison v. VaughanSupreme Court of Iowa · 1875
- Boteler v. RoyMissouri Court of Appeals · 1890
- Brent v. Head, Westervelt & Co.Supreme Court of Iowa · 1908
- General Fireproofing Co. v. L. Wallace & SonCourt of Appeals for the Eighth Circuit · 1910
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