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Dietz v. Pioneer Hi-Bred Co.

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eBook details

  • Title: Dietz v. Pioneer Hi-Bred Co.
  • Author : Supreme Court Of Iowa.
  • Release Date : January 09, 1941
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

Riley Dietz prosecutes this appeal from a judgment of the district court affirming a reopening opinion, decision and award of the industrial commissioner, which cancelled a memorandum of agreement for compensation, theretofore approved by said commissioner, between appellant Dietz, as employee, and appellees Pioneer Hi-Bred Corn Company and Eagle Indemnity Company, as employer and insurer respectively. On September 2, 1939, the manager of the corn company, at Durant, Iowa, engaged appellant to spray-paint certain of the company's buildings. Appellant told the manager he had done a large number of painting jobs, had operated two or three jobs at the same time, and then had other jobs under way. He refused to ""contract"" the work for a lump sum. It was agreed appellant should furnish the spray machine, ladders, and tools and should be paid 50 cents per hundred square feet. The spray machine consisted of a small gasoline motor, air compressor, a ten-gallon tank, hose and spray gun. It cost $300 and weighed 600 pounds. No particular hours of work were assigned to appellant. The company furnished all the paint, except one quart. Appellant testified he had a quart of black trim paint in his truck and used this because the company had none on hand and to procure it would have necessitated the company's sending someone to Davenport. On Saturday, September 9th, appellant brought another man on the job for that day. Appellant paid this man. Appellant testified he explained to the manager that he had promised to do painting for another party the following [231 Iowa Page 222]


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