99 Iowa 440 | Iowa | 1896
The following is the important part of the contract referred to: “T. B. Daniels hereby agrees to furnish all tools and machinery necessary to build and repair all county bridges in Decatur county, Iowa, and to keep said tools and machinery in good repair at his own expense; to act as superintendent and foreman; and to perform the work of a bridge hand, or carpenter, during the continuance of this contract, — for the sum of $2.10 per day for each and every day actually and necessarily employed in laboring upon, and superintending the building and repairing county bridges in Decatur county, Iowa, and agrees to furnish, when necessary, two teams, wagons, and two men, at the rate of $2.00 per day, for team and wagon and man for the time actually and necessarily employed in hauling timber, etc., etc., for Decatur county, Iowa. Permission is hereby given to the said T. B. Daniels to employ W. H. Webster, at his own expense, and when the said Webster is so employed he may act for the said T. B. Daniels, under the conditions of this contract. It is expressly
The contract is silent as to when plaintiff was to commence work under it, and the parties are not agreed as to that fact; plaintiff’s claim being that it was about the middle of April following, and defendant’s averment is that plaintiff was there with the board of supervisors, at the time specified in the answer, as its “employe under contract.” He seems to have been invited by a member of the board of supervisors, to be there and assist the board, and agreed to do so. This meeting was February 11, 1890. There is evidence that at the January meeting, and after plaintiff was employed, a member of the board requested him to be present at the time of the purchase of materials for bridges, and he said that he would be, and assist the board all that he could. Plaintiff was a bridge builder, and his employment was because of this. There is evidence, from which it appears that the plaintiff became a bidder for purchasing materials, and his being a bidder seems to have provoked other bidders, so that he was there accused of having proposed to some of the bidders, because of his employment by the county, for a consideration, to use his influence with the board in their behalf. After this, plaintiff disappeared, and was not seen further. The difficult question in the case is as to the construction of the contract. While the board of supervisors regarded this conduct as sufficient to justify it in declaring the contract at an end, appellee contends that the acts complained of are not those for which the board had such a right. The district court took this view of the case, and gave to the jury the following instruction: “(8) You are further instructed that what occurred on the 11th day of February, 1890,
We do not, in view of a new trial, deem it necessary to consider other questions argued. For the errors suggested the judgment will be reversed.