Legal Opinion

City of Fort Madison v. Moore

Supreme Court of Iowa

Decided October 21, 1899PublishedCited by 11 opinions

.Appeal from Lee District Court. — líoN. HeNRy Bauk, Je.., •Judge. This is an action upon a bond given to secure the faithful performance of a contract with the city for work for which the defendants Moore and Lane were contractors. The other defendants were sureties. It is claimed there was a breach of the conditions of the obligation, and damages are sought in this proceeding therefor.

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.Appeal from Lee District Court. — líoN. HeNRy Bauk, Je.., •Judge. This is an action upon a bond given to secure the faithful performance of a contract with the city for work for which the defendants Moore and Lane were contractors. The other defendants were sureties. It is claimed there was a breach of the conditions of the obligation, and damages are sought in this proceeding therefor. Plaintiffs claims were put in issue, and a counterclaim was pleaded by the principal defendants. From a verdict and judgment in plaintiff’s favor, defendants Moore and Lane appeal.—

1Opinion of the CourtWaterMAN, J.

The .evidence is in substantial 1 conflict, and we shall not disturb the finding of the jury because of any matter of fact.

I. The work to be done was fully described in specifications which were referred to in the advertisement for bids. Defendants’ bid, which was in writing, was duly accepted., and the acceptance entered of record. No other contract was made, although the notice for bids provides for such an 2 instrument. Appellants seem to claim something on this account, but we do not see how they can derive any advantage therefrom. There was a contract by *478the acceptance of defendants’…

2Cases cited7 opinions

  1. Crawford v. NolanSupreme Court of Iowa · 1887
  2. Boggs v. DouglassSupreme Court of Iowa · 1893
  3. Spencer & Co. v. MoranSupreme Court of Iowa · 1890
  4. Gregg v. SpencerSupreme Court of Iowa · 1895
  5. Fleming v. Town of ShenandoahSupreme Court of Iowa · 1887

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

3Cited by11 opinions

  1. McCarter v. UbanSupreme Court of Iowa · 1969
  2. Central Bitulithic Paving Co. v. Village of Highland ParkMichigan Supreme Court · 1910
  3. Bradley v. Iowa Central Railway Co.Supreme Court of Iowa · 1900
  4. Davis v. MohnSupreme Court of Iowa · 1910
  5. Tucker v. CarlsonSupreme Court of Iowa · 1901

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

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