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CITY OF AMES v. SCHILL BUILDERS, INC.

No. 61434.

274 N.W.2d 708 (1979)

CITY OF AMES, Iowa, Appellant, and Conservative Mortgage Company, Intervenor, Appellant, v. SCHILL BUILDERS, INC. and State Surety Company, Appellees. SCHILL BUILDERS, INC., Appellee, v. Duane R. HANSON, Mary Hanson, and Village Development Corporation, Appellees. Duane R. HANSON, Mary Hanson, and Village Development Corporation, Appellees, v. CONSERVATIVE MORTGAGE COMPANY, Appellant. CONSERVATIVE MORTGAGE COMPANY, Appellant, v. STATE SURETY COMPANY, Appellee. STATE SURETY COMPANY, Appellee, v. Duane R. HANSON and Frank A. Schill, Appellees.

Supreme Court of Iowa.

January 24, 1979.

Attorney(s) appearing for the Case

John R. Klaus, Ames City Atty., for appellant City of Ames.

Donald A. Wine of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for appellant Conservative Mortgage.

L. W. Courter and Kirke C. Quinn of Doran, Doran, Courter & Quinn, Boone, for appellee Schill Builders.

David L. Phipps of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellee State Surety Company.

Louis R. Hockenberg of Wasker, Sullivan & Ward, Des Moines, for appellees Hansons and Village Development.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, HARRIS and ALLBEE, JJ.

UHLENHOPP, Justice.

The question in this appeal is whether plaintiff City of Ames, Iowa, is a real party in interest in a suit on a developer's contract and bond. The case at this stage does not involve the ultimate question of whether the City can recover; it involves only the City's standing to sue.

In exchange for the City's approval of a plat of a tract of land, Schill & Hanson Builders, Inc. agreed in 1970 to construct sewers and other improvements...

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