OWEN CONST. CO., INC. v. IOWA STATE DEPT., ETC.

No. 61470.

274 N.W.2d 304 (1979)

OWEN CONSTRUCTION COMPANY, INC., Appellee, v. IOWA STATE DEPARTMENT OF TRANSPORTATION, Appellant.

Supreme Court of Iowa.

Rehearing Denied February 15, 1979.


Attorney(s) appearing for the Case

Robert W. Goodwin, Sp. Asst. Atty. Gen., for appellant.

Bennett Cullison, Jr. of Cullison & Cullison, Harlan, for appellee.

Considered by REYNOLDSON, C. J., and REES, McCORMICK, ALLBEE and McGIVERIN, JJ.


McCORMICK, Justice.

The determinative question here is whether plaintiff's recovery for breach of contract was barred by a provision in the contract purporting to limit defendant's liability. We hold that the limitation was applicable and therefore reverse the trial court judgment for plaintiff.

Plaintiff Owen Construction Company, Inc. entered a written contract with defendant Iowa State Department of Transportation (then the Iowa Highway Commission) to do...

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