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SHEER CONST., INC. v. W. HODGMAN AND SONS, INC.

No. 66741.

326 N.W.2d 328 (1982)

SHEER CONSTRUCTION, INC., Appellant, v. W. HODGMAN AND SONS, INC., Iowa Department of Transportation and U.S. Fidelity and Guaranty Co., Appellees.

Supreme Court of Iowa.

November 24, 1982.

Attorney(s) appearing for the Case

Morris C. Hurd, Ida Grove, for appellant.

Thomas L. McCullough, Sac City, for appellees.

Considered by REYNOLDSON, C.J., and HARRIS, LARSON, SCHULTZ, and CARTER, JJ.

REYNOLDSON, Chief Justice.

Plaintiff Sheer Construction, Inc. (Sheer), sued W. Hodgman and Sons, Inc. (Hodgman), Hodgman's surety company U.S. Fidelity & Guaranty Co., and the Iowa Department of Transportation (DOT) for $5420 allegedly due under a highway improvement subcontract. At trial the parties stipulated DOT out of the suit. Sheer rejected Hodgman's offer to confess judgment for $3500, dictated into the record...

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