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HETHERINGTON LETTER CO. v. O. F. PAULSON CONST. CO.

No. 52815.

171 N.W.2d 264 (1969)

HETHERINGTON LETTER COMPANY, Appellant Cross-Appellee, v. O. F. PAULSON CONSTRUCTION COMPANY, Appellee Cross-Appellant, v. MERCHANT'S NATIONAL BANK OF CEDAR RAPIDS, Iowa, Cross-Appellee.

Supreme Court of Iowa.

Rehearing Denied December 8, 1969.

Attorney(s) appearing for the Case

J. D. Randall and D. G. Bleakley, Cedar Rapids, for appellant, cross-appellee, Hetherington Letter Co., and cross-appellee Merchant's Nat. Bank of Cedar Rapids, Iowa.

Remley & Heiserman, Anamosa, for appellee, cross-appellant.

RAWLINGS, Justice.

By action in equity plaintiff sought specific performance of a construction contract. Defendant cross-petitioned seeking foreclosure of its mechanic's lien. Trial to the court resulted in a decree which denied the specific performance sought by plaintiff and granted foreclosure of the lien subject to a deduction. Both parties appeal. We affirm in part, modify in part.

Hetherington Letter Company...

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