125 Iowa 283 | Iowa | 1904
The petition alleges that the defendant school township let to one J. O. Frizelle a contract for the construction of a schoolhouse, that plaintiff as subcontractor furnished- to Frizelle the lumber and materials for said building, and that upon the debt thus arising there is due and owing to the plaintiff a balance of $452.75. It is also alleged that after furnishing said lumber and materials to Frizelle, and within thirty days after delivering the.last item thereof, plaintiff presented to said school district, and filed with the proper officer thereof, an itemized and sworn statement of said claim. It is -further alleged that, at the time of the furnishing of said materials and the presentation of said claim, there was due and owing from the district township to said Frizelle, as a balance upon the contract price for said schoolhouse, the sum of $385.65, and that said sum is still due and unpaid. Hpon these allegations plaintiff demands judgment against said school township for- the amount so alleged to be in its hands and unpaid to said contractor.
The demurrer to the answer was properly overruled, and the judgment appealed from is affirmed.