Roger’s Backhoe Service v. Nichols
Iowa Supreme Court
681 N.W.2d 647 (2014)
- Written by Rich Walter, JD
Facts
Jeffrey Nichols (defendant) hired Roger’s Backhoe Service, Inc. (Roger’s) (plaintiff) to do excavation work for Nichols’s construction project. While the work was underway, the city demanded that the excavation be deepened. Roger’s offered to do the deeper digging, but Nichols expressed displeasure with the city’s demand. Nevertheless, Roger’s went ahead and spent the next three days on additional excavation, at which point the city withdrew its demand and let Nichols complete his project. Nichols refused to pay Roger’s for the additional digging. Roger’s successfully sued Nichols for damages, but an intermediate appellate court reversed the trial court’s judgment. Roger’s appealed to the Iowa Supreme Court.
Rule of Law
Issue
Holding and Reasoning (Carter, J.)
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