Everds Brothers v. Gillespie

— Everds Brothers, a partnership engaged in road construction, brought this law action against Milo and Rose Gillespie to recover $1631.39, balance due on a contract for street paving in their new addition to the City of Estherville. Defendants admitted such amount was owing on the contract but alleged the city agreed to pay it. They filed a cross-petition against the city on a claimed oral contract with its engineer that the city would pay 25 percent of the total cost of the improvement and because of their reliance thereon and the city’s accept- anee of the benefits of the contract it was…