Legal Opinion

Humboldt County v. Ward Bros.

Supreme Court of Iowa

Decided January 27, 1914PublishedCited by 12 opinions

Appeal fwm Humboldt District Court. — Hon. A. D. Bailie, Judge. Drainage District No. 4 having been established, the work of ditching and tiling the district was let to the defendant Ward Bros. A bond with surety was executed for faithful performance of the contract. Ward Bros, failed to complete the work. The county took charge of the work and relet it.

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Appeal fwm Humboldt District Court. — Hon. A. D. Bailie, Judge. Drainage District No. 4 having been established, the work of ditching and tiling the district was let to the defendant Ward Bros. A bond with surety was executed for faithful performance of the contract. Ward Bros, failed to complete the work. The county took charge of the work and relet it. Action to recover on the bond the difference between the contract price and what plaintiffs were required to pay to complete the work according to the terms of the contract.—

1Opinion of the CourtGaynor, J.

In April, 1905, the board of supervisors of Humboldt county established a drainage district, and ordered the construction of certain open ditches and tile drains in certain townships. The district as established was known as Drainage District No. 4. The contract for the construction of the ditch was let to the defendants Ward Bros, on the 10th day of June, 1905. The contract, so far as material to this controversy provides:

First. That Ward Bros, shall furnish all material and labor necessary to construct and fully complete the open ditch and tileworb, according to the maps, profiles, and…

2Cases cited23 opinions

  1. Getchell & Martin Lumber & Manufacturing Co. v. Peterson & SampsonSupreme Court of Iowa · 1904
  2. George A. Hormel & Co. v. American Bonding Co.Supreme Court of Minnesota · 1910
  3. Jordan v. KavanaughSupreme Court of Iowa · 1884
  4. United States v. McMullenSupreme Court of the United States · 1912
  5. State v. YoungSupreme Court of Iowa · 1907

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3Cited by12 opinions

  1. Monona County v. O'ConnorSupreme Court of Iowa · 1927
  2. Streator Clay Manufacturing Co. v. Henning-Vineyard Co.Supreme Court of Iowa · 1916
  3. County of Pocahontas v. Katz-Craig Contracting Co.Supreme Court of Iowa · 1917
  4. Rowe v. StufflebeamSupreme Court of Iowa · 1958
  5. Busch v. Joint Drainage District No. 49-79Supreme Court of Iowa · 1924

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

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