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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