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BILL McMULLEN CONST. v. WESTERN CONTR. CORP.

No. 2-56821.

236 N.W.2d 374 (1975)

BILL McMULLEN CONSTRUCTION COMPANY, INC., Appellant, v. WESTERN CONTRACTING CORPORATION, Appellee.

Supreme Court of Iowa.

December 17, 1975.

Attorney(s) appearing for the Case

Ronald W. Feilmeyer of Jones, Cambridge, Carl, Feilmeyer & Landsness, Atlantic, for appellant.

Lowell C. Kindig of Kindig, Beebe, McCluhan, Rawlings & Nieland, Sioux City, for appellee.

Heard by MOORE, C. J., and MASON, LeGRAND, REES and McCORMICK, JJ.

MOORE, Chief Justice.

On November 26, 1968 plaintiff (McMullen) and defendant (Western) entered into a contract wherein Western, prime contractor with the Iowa State Highway Commission (ISHC), awarded a subcontract for certain specified earth moving to McMullen. The work involved removing and disposing of a temporary ramp from old Highway 6 up to Interstate 80 in Pottawattamie County. The payment terms were to be based "on plans quantity as paid by the ISHC" at the...

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