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MADISON SILOS, DIV. OF MARTIN MARIETTA CORP. v. WASSOM

No. 56021.

215 N.W.2d 494 (1974)

MADISON SILOS, DIVISION OF MARTIN MARIETTA CORPORATION, Appellant, v. Merritt WASSOM, Appellee. Merritt WASSOM, Plaintiff on Cross-Petition-Appellee, v. MADISON SILOS, DIVISION OF MARTIN MARIETTA CORPORATION, Defendant on Cross-Petition-Appellant.

Supreme Court of Iowa.

February 20, 1974.

Attorney(s) appearing for the Case

Johnson, Burnquist, Erb, Latham & Gibb, by Dale A. Johnson, Fort Dodge, for appellant.

Thomas L. McCullough, Sac City, for appellee.

Heard before MOORE, C. J., and RAWLINGS, LeGRAND, REES and REYNOLDSON, JJ.

RAWLINGS, Justice.

Action by plaintiff, Madison Silos, Division of Martin Marietta Corporation (Madison) for balance claimed due on contract. Cross-petition by defendant, Merritt Wassom (Wassom) for damages resulting from fall of plaintiff built silo. Plaintiff appeals from judgment on jury verdict for defendant cross-petitioner. We affirm.

March 21, 1969, the parties hereto entered into a contract for construction of a Nutri-Matic (sealed stave) silo by Madison...

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