1. Home
  2. Browse Decisions
  3. N.W.2d
  4. 270 N.W.2d
  5. 270 N.W.2d 818 (1978)
 

FIRST FED. STATE BANK v. TOWN OF MALVERN

No. 2-61248.

270 N.W.2d 818 (1978)

FIRST FEDERAL STATE BANK, Appellee and Cross-Appellant, v. The TOWN OF MALVERN, John F. Kemp, Woodford Byington, N. D. Pierce, Douglas Burchett, Temple Bowers, LeRoy Viner, and Dale L. Stephens, Defendants. TOWN OF MALVERN, Cross-Petitioner, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Appellant and Cross-Appellee.

Supreme Court of Iowa.

October 18, 1978.

Attorney(s) appearing for the Case

Lyle W. Ditmars and Peter J. Peters, of Peters, Campbell & Pearson, P. C., Council Bluffs, for appellant and cross-appellee.

James L. Sayre, of Dreher, Wilson, Adams & Jensen, Des Moines, for appellee and cross-appellant.

Considered en banc.

ALLBEE, Justice.

This is a contest between the surety of a contractor who defaulted in the performance of a public construction project and the bank to which the contractor assigned its contract rights. The prize is a fund consisting of the remainder of progress payments which the contractor had earned but had not received and certain retained percentages.

The parties have stipulated to the facts. On August 29, 1972 the Town of Malvern contracted with South...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases