LAYNE-BOWLER CHICAGO CO. v. CITY OF GLENWOOD

No. 8446.

34 F.2d 889 (1929)

LAYNE-BOWLER CHICAGO CO. et al. v. CITY OF GLENWOOD, IOWA.

Circuit Court of Appeals, Eighth Circuit.

September 11, 1929.


Attorney(s) appearing for the Case

H. M. Logan, of Glenwood, Iowa, for appellants.

N. S. Genung, of Glenwood, Iowa (Genung & Genung and C. E. Dean, all of Glenwood, Iowa, on the brief), for appellee.

Before BOOTH, Circuit Judge, and SANBORN and DEWEY, District Judges.


DEWEY, District Judge.

This is an action at law brought by the city of Glenwood, Iowa, against Layne-Bowler Chicago Company, and its surety, to recover payments made under a contract for the construction of a deep well which the city claims was by the above-named company as contractor abandoned and breached.

On March 13, 1925, said city and the Layne-Bowler Chicago Company entered into a written contract whereby the latter agreed to furnish all the material...

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