COMMUNITY S. D. OF POSTVILLE v. GORDON N. PETERSON, INC.

No. 53819.

176 N.W.2d 169 (1970)

COMMUNITY SCHOOL DISTRICT OF POSTVILLE, IN the COUNTIES OF ALLAMAKEE, et al., State of Iowa, Plaintiff-Appellant, v. GORDON N. PETERSON, INC., Defendant-Appellee. GORDON N. PETERSON, INC., Third-Party Plaintiff-Appellee, v. Russell L. RAFOTH, d/b/a Rafoth Furnace & Sheet Metal Works, Third-Party Defendant-Appellee. Russell L. RAFOTH, d/b/a Rafoth Furnace & Sheet Metal Works, Fourth-Party Plaintiff-Appellee, v. The FLINTKOTE COMPANY and Toenjes and Stenson, a Partnership, composed of David S. Toenjes and Marvin L. Stenson, Partners, and against David S. Toenjes and Marvin L. Stenson, as Individuals, Fourth-Party Defendants-Appellees. TOENJES AND STENSON, a Partnership, Fourth-Party Cross-Petitioner-Appellee, v. The FLINTKOTE COMPANY, Defendant to the Fourth-Party Cross-Petition-Appellee. TOENJES AND STENSON, a Partnership composed of David S. Toenjes and Marvin L. Stenson, Partners, and David S. Toenjes and Marvin L. Stenson, as Individuals, Fifth-Party Plaintiffs-Appellees, v. The DOW CHEMICAL COMPANY, a Corporation, Fifth-Party Defendant-Appellee.

Supreme Court of Iowa.

April 7, 1970.


Attorney(s) appearing for the Case

Arthur H. Jacobson, of Jacobson, Bristol & Thomson, Waukon, and Joseph B. Steele, Postville, for plaintiff-appellant.

Reynolds, Kenline, Roedell, Breitbach & McCarthy, Dubuque, for Gordon N. Peterson, Inc., defendant and third-party plaintiff-appellee.

E. Marshall Thomas, of O'Connor, Thomas, Wright, Hammer & Bertsch, Dubuque, for Russell L. Rafoth, d/b/a Rafoth Furnace & Sheet Metal Works, third-party defendant and fourth-party plaintiff-appellee.

Austin, Grefe & Sidney, Des Moines, for Flintkote Co., fourth-party defendant and defendant to fourth-party cross-petition-appellee.

Swisher & Cohrt, Waterloo, for Toenjes and Stenson, a partnership, and Marvin L. Stenson and David S. Toenjes, individually, fourth-party defendants and fourth-party cross-petitioner and fifth-party plaintiffs-appellees.

Beecher, Buckmaster, Beecher, Holmes & Lindeman, Waterloo, for Dow Chemical Co., a corporation, fifth-party defendant-appellee.


BECKER, Justice.

Plaintiff school district brought this action for damages against Gordon N. Peterson, Inc., hereinafter called Peterson, alleging breach of both express and implied warranties arising from a contract for construction of a new high school building by defendant. Plaintiff alleged that the roof on said building was defective in several respects, that a new roof must be installed, and that as a result plaintiff district had been damaged in the amount...

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