IN THE IOWA DISTRICT COURT OF SAC COUNTY

KENNETH GRISSOM,
LAW NO.
Plaintiff,
PETITION AT LAW
V S .
CORY WEBER dlb/a WEBER
CONSTRUCTION,
Defendant.
COME NOW the Plaintiff, Kenneth Grissom, and for his cause of action against
Defendant Cory Weber d/b/a Weber Construction states as follows:
PARTIES, JURISDICTION, AND VENUE
At all times material hereto, Plaintiff Kenneth Grissom was a resident of Sac
County, Iowa.
2. At all times material hereto, Plaintiff Cory Weber was a resident of Sac County,
Iowa and was doing business as Weber Construction with principal office in Sac
County, Iowa.
3.
The Plaintiffs damages exceed the minimum jurisdictional requirement for the
Iowa District Court.
4. Venue is appropriate because Sac County is the county in which the Defendant
resides.
STATEMENT OF THE FACTS
5. In approximately May of 2013, the parties entered into a contract whereby the
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Plaintiff agreed to pay the Defendant a specified sum in exchange for the
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WERDEN
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Defendant constructing concrete driveway utilizing limestone rock concrete at the
following property owned by the Plaintiff:
3467 Rolf Avenue, Lake View, Iowa 51450
6. On June 28, 2013 the Plaintiff paid the Defendant for the aforementioned work.
7. When the original driveway was completed, it contained several defects.
8. As a result of the aforementioned defects, the Defendant tore out and
reconstructed the driveway at the Defendant's cost.
9. When the driveway was reconstructed, the Defendant failed to use limestone rock
concrete; instead, Defendant utilized river rock concrete.
10. As a result of utilizing the river rock concrete, the reconstructed driveway has
multiple "punch outs" which would not be there if the limestone rock concrete
had been utilized.
11. At some point after the reconstruction of the driveway, the person who had
supplied the re-rod to the Defendant demanded payment for the re-rod as the
Defendant had not paid for the materials.
12. Plaintiff subsequently paid this outstanding bill.
13. Prior to the demand described in paragraph eleven (11), Plaintiff had paid the
Defendant for the re-rod utilized in the construction of the driveway.
COUNT I: BREACH OF ORAL CONTRACT
14. Plaintiff hereby incorporates by referenced paragraphs one (1) through thirteen
(13) herein.
15. As stated above, the parties entered into an oral contract for the construction of a
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concrete driveway utilizing limestone rock concrete sometime in 2013.
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16. The desire that limestone rock concrete be utilized in the construction of the
driveway was discussed at length between the parties and the Plaintiff made
known to Defendant his expectation that limestone rock be utilized.
17. Defendant materially breached the oral contract with the Plaintiff by failing to
construct the driveway in question with limestone rock concrete.
18. Defendant materially breached the oral contract by charging the Plaintiff for the
materials utilized in constructing the driveway and subsequently failing to pay the
material supplier.
19. As a result of the material breaches stated above, Plaintiffs damages include, but
are not necessarily limited to the approximately $22,080.00.
WHEREFORE, Plaintiff prays that judgment be entered against the Defendant in an
amount not less than $22,080.00, for the interest allowed by law, the cost incurred herein and for
such other and further relief as the court deems just and proper under the circumstances.
Curt S. Steger AT001008
EICH, VAN DYKE & WERDEN, PC
815 North Main St.
P.O. Box 851
Carroll, IA 51401-0851
PH: 712-792-3424
FAX: 712-792-7770
E-MAIL: cstegerevws.com
ATTORNEY FOR PLAINTIFF
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