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LOVRIEN v. ROWE

No. 49819.

100 N.W.2d 166 (1960)

F. C. LOVRIEN, Appellant, v. H. E. ROWE, Appellee.

Supreme Court of Iowa.

Rehearing Denied February 11, 1960.

Attorney(s) appearing for the Case

J. I. Hossack, Cornwall & Cornwall, Spencer, and Alan Loth, Fort Dodge, for appellant.

Pendleton & Pendleton, Storm Lake, and John A. Malone, Sioux Rapids, for appellee.

GARRETT, Justice.

This appeal is from the denial of a petition for a new trial on the ground of material evidence, newly discovered, under Rules of Civil Procedure, rules 252(f) and 253, 58 I.C.A.

F. C. Lovrien and H. E. Rowe owned, together, four hundred acres of land in Fayette County. Lovrien managed it for several years and at all times made the income tax returns for the joint venture. After 1947 until the land was sold, Rowe looked after it and collected...

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