THORNTON, Justice.
At the outset it should be mentioned the trial and disposition of this case would have been facilitated by the use of pretrial procedure provided for in Division VI, rules 135 to 139, both inclusive, of the Rules of Civil Procedure, 58 I.C.A.
Plaintiff, a subcontractor, brings this action in equity under the provisions of section 573.16, Code of Iowa 1958, I.C.A., against the contractor, its surety and the Highway Commission. The contractor...
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