Elzey v. City of Winterset
Supreme Court of Iowa
Appeal from Madison District Court. — Hon. W. H. Fahey, Judge. Action in equity upon certain paving contracts entered into between the plaintiff and the defendant city. There was decree in favor of plaintiff for $3,600, and defendant appeals. The material facts are stated in the opinion.
1Opinion of the CourtWeaver, J.
i Damages : liquidated damages or penalty : construction of stipulation : paving contracts. In May, 1912, the city of Winterset entered into a contract with the plaintiff for the paving of certain streets. For reasons unnecessary here to consider, the work was divided into two parts and separate written agreements executed and later, upon certain changes being agreed upon and an additional block included in the scheme of improvements, a third writing was made, covering a part of the work. The entire work, however, seems to have constituted a single improvement and it is, perhaps, not very…
2Cases cited16 opinions
- Ward v. Hudson River Building Co.New York Court of Appeals · 1891
- Jaquith v. HudsonMichigan Supreme Court · 1858
- Collier v. BettertonTexas Supreme Court · 1895
- Foley v. McKeeganSupreme Court of Iowa · 1856
- Seeman v. BiemannWisconsin Supreme Court · 1900
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3Cited by4 opinions
- Rohlin Construction Co. v. City of HintonSupreme Court of Iowa · 1991
- Engel v. VernonSupreme Court of Iowa · 1974
- Independent School District v. DudleySupreme Court of Iowa · 1923
- Shockley v. Paul Davis Dry Goods Co.Supreme Court of Iowa · 1925