106 Iowa 295 | Iowa | 1898
What has been said disposes of the contention that it is like the condition considered in Weller v. Goble, 66 Iowa, 113; and Hunt v. King, 97 Iowa, 88. Nor is it like the condition of the bond in Jordan v. Kavanaugh, 63 Iowa, 152; and Baker v. Bryan, 64 Iowa, 561. Whether the contract was purely for the benefit of the district or in part to protect subcontractors is not now involved. The labor and materials were to be paid for before liability for the remaining fifteen per cent, of the cost attached, and the district had the right, in the absence of such payment, to have such portion of the contract price so applied.