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BEANE PLUMBING & HEATING CO. v. D-X SUNRAY OIL CO.

No. 49515.

92 N.W.2d 638 (1958)

BEANE PLUMBING & HEATING COMPANY, Appellee, v. D-X SUNRAY OIL COMPANY, Appellant, Charles Ellis Bourrett, d/b/a Bourrett Tin & Furnace Shop, Appellee, Fullerton Lumber Company, Appellee, Haakinson & Beaty Company, Appellee, Hooker Glass & Paint Mfg. Company, Appellee, C. E. Hardy, Appellee, Mellon National Bank and Trust Company, Pittsburgh, Pennsylvania, Appellee, Cardinal Service Stations, Incorporated, Appellee.

Supreme Court of Iowa.

October 14, 1958.

Attorney(s) appearing for the Case

J. P. Greve and R. S. Roberts, Tulsa, Okl., and Corbett & Corbett, Sioux City, for appellant.

Goldberg & Nymann, Sioux City, for Beane Plumbing & Heating Co., appellee.

Spencer M. Day, Sioux City, for C. E. Hardy, appellee.

J. P. Greve, Tulsa, Okl., for Mellon Nat. Bank and Trust Co., Pittsburgh, Pa., and Cardinal Service Stations, Inc., appellees.

Shull, Marshall, Mayne, Marks & Vizintos, Sioux City, for Fullerton Lumber Co. and Haakinson & Beaty Co., appellees.

Hutchinson, Hurst & Duggan, Sioux City, for Charles Ellis Bourrett doing business as Bourrett Tin & Furnace Shop, appellee.

Corbett & Corbett, Sioux City, for Hooker Glass & Paint Mfg. Co., appellee.

PETERSON, Justice.

On March 25, 1955, appellant's predecessor in interest, Mid-Continent Petroleum Corporation, entered into a written agreement with Bride Construction Company of Sioux City for erection of a service station upon property in Sioux City hereafter described, and later acquired by appellant. Appellant assumed all obligations of the agreement. The contract price was $22,904. The construction of the station was completed in October 1955.

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