Dibol v. Minott
Supreme Court of Iowa
Appeal from Dubuque District Court. In an action commenced before a justice, defendants, among other items, claimed as a set-off, an account for painting and glazing four bouses.
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Appeal from Dubuque District Court. In an action commenced before a justice, defendants, among other items, claimed as a set-off, an account for painting and glazing four bouses. Judgment being for plaintiffs, defendants appealed, and on the trial in tbo District Court, it was agreed that there ivas a contract upon the basis of a proposition to the following effect, made by defendants to plaintiffs: • “W. & E. H. MinotPs proposals for painting and glazing the ten houses, as shown by plans 18 by 30 with L. 10 by 18; two good coats of lead and oil, including glass and setting, all in good,…
1Opinion of the CourtWright, C. J.
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Is this contract entire or separable? If the first, then the testimony offered was admissible, and the instruction erroneous. Eor if the contract was terminated against the will of defendants, they could have sued for a breach thereof, and recovered as damages the profits they would have made if allowed to complete the work; or they could at their election have waived the contract, treated it as rescinded by the act of plaintiffs, and brought an action on the common count for work and labor generally, and recovered whatever the work done was actually worth. Clark v. Mayor &c. 4 Com. 338; 2…
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