124 Iowa 394 | Iowa | 1904
There is no doubt that the building was not completed' on February 15th, as agreed; but it is contended on behalf of plaintiffs that, on account of a dispute as to the character óf the hardware to be used in the building, defendant extended the time until March 1st, and that on that date the building was turned over to the defendant in a substantially complete condition. This claimed extension is denied by the defendant, and this presents the first issue of fact' in the case. Without setting forth the evidence, it is sufficient to say that we are constrained to hold that plaintiffs’ contention in this respect is fully sustained. The only complaint defendant made on the first of March regarding the condition of the building was that the rubbish about it had not been cleaned
The decree, in so far as it is complained of, seems to be correct, and it is affirmed.