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SKEMP v. OLANSKY

No. 49244.

85 N.W.2d 580 (1957)

Charles R. SKEMP, d/b/a F. G. Skemp & Son Contractors, Plaintiff-Appellee, v. Matthew B. OLANSKY, d/b/a Olansky Construction Company of Dubuque, Iowa, Defendant-Appellee, Arthur Trausch and Peter J. Seippel Lumber Company, an Iowa corporation of Dubuque, Iowa, and William S. Sheppley and Geneva K. Sheppley of Cook County, Illinois, Defendants-Appellants.

Supreme Court of Iowa.

October 15, 1957.

Attorney(s) appearing for the Case

Gilloon, Nelson & Gilloon, Dubuque, for appellant Trausch.

Kenline, Roedell, Hoffman & Reynolds, Dubuque, for appellants Peter J. Seippel Lumber Co. and William S. Sheppley and Geneva Sheppley.

Kintzinger & Kintzinger, Dubuque, for plaintiff-appellee.

Matthew B. Olansky, pro se, Dubuque, for defendant-appellee.

THOMPSON, Justice.

During the year 1954 the defendant Arthur Trausch was the owner and holder of record title to real estate described as Lot 1 of 13 and Lot 2 of 14 in Mississippi Heights Subdivision No. 2 in the City of Dubuque, Iowa. In April of that year the defendant Olansky was engaged in building a dwelling house upon these lots. He engaged the plaintiff to do certain masonry and brick work. A large part of this work was done, beginning on May 13 and ending...

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