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EVERDS BROTHERS v. GILLESPIE

No. 51232.

126 N.W.2d 274 (1964)

EVERDS BROTHERS, a co-partnership composed of F. R. Everds and J. C. Everds, Plaintiff, v. Milo GILLESPIE and Rose Gillespie, Defendants-Cross-Petitioners, Appellees. CITY OF ESTHERVILLE, Defendant to Cross-Petition, Appellant.

Supreme Court of Iowa.

Rehearing Denied April 8, 1964.

Attorney(s) appearing for the Case

Rosendahl & Forsyth, Estherville, for cross-defendant-appellant.

Fitzgibbons & Fitzgibbons, Estherville, for cross-petitioners-appellees.

GARFIELD, Chief Justice.

Everds Brothers, a partnership engaged in road construction, brought this law action against Milo and Rose Gillespie to recover $1631.39, balance due on a contract for street paving in their new addition to the city of Estherville. Defendants admitted such amount was owing on the contract but alleged the city agreed to pay it. They filed a cross-petition against the city on a claimed oral contract with its engineer that the city would pay...

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