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SOIKE v. EVAN MATTHEWS AND CO.

No. 64656.

302 N.W.2d 841 (1981)

Lowell SOIKE and Karen Soike, Appellees, v. EVAN MATTHEWS AND COMPANY, Appellant.

Supreme Court of Iowa.

March 18, 1981.

Attorney(s) appearing for the Case

Dell A. Richard of Oehler, Radig, Muller & Richard, P. C., Iowa City, for appellant.

Patricia C. Kamath, Iowa City, for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, McGIVERIN and LARSON, JJ.

LARSON, Justice.

Lowell and Karen Soike retained Evan Matthews and Company to do cement work for their new house. When it appeared the house has been "staked" too low in relation to the street, the Soikes sued the contractor. While the petition and pretrial orders referred to duties arising out of the contract, the jury was also instructed on the theory of negligence. Matthews complains on appeal that it was error for the trial court to instruct the jury on negligence...

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