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CITY OF CHARITON v. J. C. BLUNK CONSTRUCTION COMPANY

No. 50317.

112 N.W.2d 829 (1962)

The CITY OF CHARITON, Iowa, For Itself, Abutting Property Owners, and General Tax Payers of the City, Appellee, v. J. C. BLUNK CONSTRUCTION COMPANY, a co-partnership, Estella M. Blunk, Donald J. Blunk, St. Paul Mercury Indemnity Company and Employers Mutual Casualty Company, Appellants.

Supreme Court of Iowa.

January 9, 1962.

Attorney(s) appearing for the Case

H. S. Life, Oskaloosa, H. E. De Reus, Knoxville, for appellant, J. C. Blunk Construction Co., copartnership, Estella M. Blunk and Donald J. Blunk.

J. R. McManus, Des Moines, for appellant, St. Paul Mercury Indemnity Co.

Bradshaw, Fowler, Proctor & Fairgrave, Des Moines, for appellant, Employers Mutual Casualty Co.

A. V. Hass, Chariton, for appellant, Employers Mutual Casualty Co.

Virgil E. Meyer, City Atty., Stuart & Stuart, and W. W. Bulman, Chariton, for appellee, City of Chariton, For Itself, Abutting Property Owners and General Taxpayers of City.

THOMPSON, Justice.

Plaintiff's action, in four counts which we shall designate as Counts I, II, III, and IV, was in essence for damages for breach of four contracts entered into between the City of Chariton and the defendant J. C. Blunk Construction Company, a co-partnership, hereafter known as the contractor, for the construction of paving in the city. The defendant St. Paul Mercury Indemnity Company, hereafter known as St. Paul, was the surety on the contractor...

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