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JOHN ROOFF & SONS, INC. v. WINTERBOTTOM

No. 49203.

86 N.W.2d 131 (1957)

JOHN ROOFF & SONS, Inc., Waterloo, Iowa, and Iowa corporation, Appellee, v. Ralph F. WINTERBOTTOM, d/b/a Heating & Cooling Supply Co., Appellant.

Supreme Court of Iowa.

November 12, 1957.

Attorney(s) appearing for the Case

Kennedy, Kepford, Kelsen & Balch, Waterloo, for appellant.

Pike, Sias, Butler & Hoxie, and Swisher, Cohrt & Swisher, Waterloo, for appellee.

GARFIELD, Justice.

Plaintiff sued defendant at law upon an account stated for the balance owing plaintiff for labor and material furnished defendant in the construction of a building and other improvements. The correctness of plaintiff's claim is conceded. Defendant pleaded in his answer a setoff and, in two counts, a counterclaim for negligently causing the destruction by fire of a building owned by him. For practical purposes the set off pleaded in the answer and...

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