Stanley J. How & Assoc., Inc. v. Boss
United States District Court, Southern District of Iowa
222 F.Supp. 936 (1963)
Stanley J. How & Associates, Inc. (How) (plaintiff) entered into a contract under which it agreed to provide architecture services for the owner of a building. As originally drafted, the contract stated that Boss Hotels Company Inc. would be known as the “Owner” in the contract, and listed Boss Hotels Co. Inc. on the signature line of the contract. When presented to Edwin Boss (defendant) for signature, he erased the words “Boss Hotels Co. Inc.” on the signature line and replaced it with the words “By: Edwin A. Boss, agent for a Minnesota corporation to be formed who will be the obligor.” Boss then formed an Iowa corporation to handle the project. This corporation sent partial payments to How, but the project was later abandoned after a substantial amount of the architectural work had been completed. How sued Boss to collect the remainder of its fee.
Rule of Law
Holding and Reasoning (Hanson, J.)