Tuttle v. Story County
Supreme Court of Iowa
Appeal from Story District Court. J. B. Bandall constructed a court house for the defendant, Story County, for the agreed price of $39,500. The plaintiff furnished stone window caps for this building, under a contract with Bandall.
Read the full summary
Appeal from Story District Court. J. B. Bandall constructed a court house for the defendant, Story County, for the agreed price of $39,500. The plaintiff furnished stone window caps for this building, under a contract with Bandall. On the 22d day of November, 1876, there was due plaintiff from Bandall on said contract $500. On that day Bandall executed and delivered to plaintiff a paper of which a copy is as follows: “Office of J. B. Bandall, ) CONTRACTOR-AND BUILDER, l Omaha, Neb., Nov. 22d, 1876. ) “J. B. Hays, Esq., Auditor Story County. Please retain from amount due me on final settlement…
1Opinion of the CourtDay, J.
The action is an equitable one, and is presented here, without assignment of errors, for trial de novo. The appellee insists that the judgment must be affirmed because the certificate of the trial judge does not show that the record contains all the evidence offered at the trial. The certificate of the judge is as follows: “I hereby certify that the above and foregoing with the exhibits therein referred to is all the evidence, objections, rulings of the court and exceptions thereto adduced on the trial of the above entitled cause.”
In Taylor & Co. v. Kier, 54 Iowa, 645, it was held that a…
2Cases cited1 opinion
- Taylor & Co. v. KierSupreme Court of Iowa · 1880
3Cited by4 opinions
- Second National Bank of Monmouth v. AshSupreme Court of Iowa · 1892
- Greenlee v. Home InsuranceSupreme Court of Iowa · 1897
- Hart v. JacksonSupreme Court of Iowa · 1881
- Wallick v. PierceSupreme Court of Iowa · 1897