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RASCH v. CITY OF BLOOMFIELD

No. 53696.

174 N.W.2d 645 (1970)

Kenneth M. RASCH, d/b/a Rasch Construction Company, Appellee, v. CITY OF BLOOMFIELD, Iowa, Appellant.

Supreme Court of Iowa.

Rehearing Denied March 9, 1970.

Attorney(s) appearing for the Case

D. W. Harris, Bloomfield, for appellant.

McCarville, Bennett & Ferguson, Fort Dodge, for appellee.

STUART, Justice.

This action at law for damages founded on contract is before us for the second time. In the first opinion appearing at 153 N.W.2d 718, 724, we remanded the cause for a determination of the issue as to whether defendant prevented plaintiff from removing the clay used as a foundation for haulroads from the silting basin. We quoted from Brown v. Needles (1919), 186 Iowa 878, 884, 170 N.W. 804, 806.

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