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CHRISTENSEN v. IOWA STATE HIGHWAY COMMISSION

No. 50324.

110 N.W.2d 573 (1961)

Charles E. CHRISTENSEN and Mark A. Christensen, doing business under the firm and style name of Christie Bros. Excavating, Appellees, v. IOWA STATE HIGHWAY COMMISSION, H. F. Schroeder & Sons, Ira Van Buskirk & Sons, Ardell M. Smith Co. (Appellant), Hooker Brothers Agricultural Lime Co., Columbus Well Drillers, McCourt General Tire Co., and Hartford Accident & Indemnity Co., Defendants.

Supreme Court of Iowa.

September 19, 1961.

Attorney(s) appearing for the Case

Smith, Peterson, Beckman & Willson, Council Bluffs, and Prichard & Prichard, Onawa, for appellant Ardell M. Smith Co.

Ross, Johnson, Northrup, Stuart & Tinley, Council Bluffs, and Margolin & Goldblatt, Sioux City, for appellees.

GARFIELD, Chief Justice.

This case well illustrates the wisdom of reducing agreements to writing and the trouble and expense that may result from not doing so.

The appeal presents mainly fact questions.

Schroeder and Van Buskirk were principal contractors to construct part of Interstate Highway 29 in Harrison and Pottawattamie counties. They subcontracted in writing to Smith part of the earth moving and grading. He was to be paid "59 cents per cubic...

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