145 Iowa 750 | Iowa | 1909
There was a written contract between the parties for the construction of the buildings in question. It provided that there should be thirty-six rectangular bins in the storage house; that the bins in the workhouse should be as provided by the plans of the defendant; that the malthouse should contain certain germinating tanks, with necessary girders and columns to support the specified load intended, the central girders to have a span of twenty-two feet, with necessary angles for wind
The plaintiff pleaded full compliance with the terms
The evidence does not sustain the appellant’s contention that the plaintiff through Hr. Hoyt agreed to furnish receipted bills, hence there was in fact no condition on which the $5,000 payment was made.
After a very careful re-examination of the entire record, we reach the conclusion that the judgment of the district court should be affirmed.