96 Iowa 449 | Iowa | 1895
In May, 1893, the defendant the Monroe Lodge, No. 81, Independent Order of Odd Fellows, through its building committee, entered into an agreement in writing with the defendant G. W. McBurney by which the latter undertook to excavate for and to construct the foundation walls and a retaining wall for a building known as the “Temple,” and to furnish all labor and material required therefor according to the specifications and drawing prepared for the building under the direction-and to the satisfaction of the architect. The work was to be completed on the third day of July, 1893, and final payment therefor was to be made within ten days from the completion of the contract. The contractor was to receive one thousand eight hundred and eighty-five dollars and twenty-five cents for what he agreed to furnish and do, in installments every two weeks, less forty per cent., which the lodge was to retain until the final completion of the work. The plaintiff is a dealer in stone, and furnished to McBurney stone for the building, on which there is due the sum of one hundred and sixty-seven dollars and forty-two cents. The plaintiff asks judgment for that amount, with
III. Some claim is made by the appellant that the lodge is liable for the stone, because it paid the freight due upon it, and liability for the amount in controversy is also urged on other grounds. It is sufficient to say of the claims which are not disposed of by what we have already said that we have considered them with care, but do not find any of them to be well founded. The judgment of the district court is affirmed.