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DYER v. NATIONAL BY-PRODUCTS, INC.

No. 85-643.

380 N.W.2d 732 (1986)

Dale Warren DYER, Appellant, v. NATIONAL BY-PRODUCTS, INC., Appellee.

Supreme Court of Iowa.

January 15, 1986.

Attorney(s) appearing for the Case

Bernard L. Spaeth, Jr., Jaki K. Samuelson, and John D. Cleavenger of Whitfield, Musgrave, Selvy, Kelly & Eddy, Des Moines, for appellant.

Brent B. Green and James L. Pray of Gamble, Riepe, Webster, Davis & Green, Des Moines, for appellee.

Considered by UHLENHOPP, P.J., and HARRIS, McCORMICK, McGIVERIN, and SCHULTZ, JJ.

SCHULTZ, Justice.

The determinative issue in this appeal is whether good faith forbearance to litigate a claim, which proves to be invalid and unfounded, is sufficient consideration to uphold a contract of settlement. The district court determined, as a matter of law, that consideration for the alleged settlement was lacking because the forborne claim was not a viable cause of action. We reverse and remand.

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