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CENTRAL READY MIX CO. v. JOHN G. RUHLIN CONST. CO.

No. 51856.

139 N.W.2d 444 (1966)

CENTRAL READY MIX COMPANY, Appellant and Cross-Appellee, v. The JOHN G. RUHLIN CONSTRUCTION COMPANY, Appellee and Cross-Appellant, Wendell Caldbeck, d/b/a Caldbeck Construction Company and the Firestone Tire and Rubber Company, Not Participating in Appeal.

Supreme Court of Iowa.

January 11, 1966.

Attorney(s) appearing for the Case

Brunk, Janss, Dreher, Wilson & Adams, Des Moines, for appellant and cross-appellee.

Stewart, Miller, Wimer, Brennan & Joyce, Des Moines, for appellee and cross-appellant.

Davis, Huebner, Johnson & Burt, Des Moines, for The Firestone Tire and Rubber Co.

John H. Neiman, Des Moines, for Wendell Caldbeck, d/b/a Caldbeck Const. Co.

MOORE, Justice.

This is a mechanic's lien foreclosure action for the balance claimed for ready-mix concrete and other building materials furnished by Central to Caldbeck, a subcontractor, for construction of an addition to Firestone's plant. The parties stipulated and the trial court ordered Firestone to pay into court the $43,000.00, which was owing Ruhlin, the general contractor, and that the money stand in lieu of Firestone's real property. Firestone was then dismissed...

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