BINGHAM v. BLUNK

No. 50657.

116 N.W.2d 447 (1962)

Samuel R. BINGHAM, Appellee, v. Estella BLUNK and Donald Blunk, d/b/a J. C. Blunk Construction Co., St. Paul Mercury Indemnity Co., Centerville Concrete & Fuel Co., City of Centerville and Geno Sebben, Appellants.

Supreme Court of Iowa.

July 24, 1962.


Attorney(s) appearing for the Case

Life, Davis & Life, Oskaloosa, for appellants.

Goeldner & Goeldner, Sigourney, for appellee.


SNELL, Justice.

This is an action in equity to establish an account for machine rental and to have the account paid from public improvement funds held by defendant, City of Centerville. The real issue is between plaintiff and J. C. Blunk Construction Company, prime contractor on a street improvement project.

In April 1955 the City of Centerville contracted with Estella Blunk and Donald Blunk, a copartnership d/b/a J. C. Blunk Construction Company, to furnish...

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