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FREESE v. TOWN OF ALBURNETT

No. 51193.

125 N.W.2d 790 (1964)

Milan W. FREESE, d/b/a Milan W. Freese, Inc., Appellee, v. TOWN OF ALBURNETT, Iowa, Appellant.

Supreme Court of Iowa.

January 14, 1964.

Attorney(s) appearing for the Case

Francis J. Pruss, Cedar Rapids, for defendant.

David G. Bleakley, and Harold D. Vietor, Cedar Rapids, for plaintiff.

LARSON, Justice.

Plaintiff contractor brought this action to recover the sum of $500.00 against the defendant Town of Alburnett, Iowa, under a well drilling contract. His claim is for extra work performed under authority of an "extra work" order issued to him by the Town, through its engineer, pursuant to terms of the contract.

The issues themselves are simple. They are: (1) Was the work for which plaintiff seeks recovery actually extra work or was it work...

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