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FARMERS STATE BANK v. COOK

No. 49887.

103 N.W.2d 704 (1960)

FARMERS STATE BANK, St. Olaf, Iowa, Plaintiff-Appellee, v. Faye A. COOK, Defendant-Appellee, and Truckers Discount Corporation, Sumner, Iowa, Defendant-Appellant. Faye A. COOK, Cross Petition Plaintiff-Appellee, v. TRUCKERS DISCOUNT CORPORATION, Sumner, Iowa, Cross Petition Defendant-Appellant.

Supreme Court of Iowa.

June 14, 1960.

Attorney(s) appearing for the Case

William B. Mooney, Waverly, for appellant Truckers Discount Corp.

C. F. Neylan, Elkader, for appellee Farmers State Bank.

Hart & Hart, Elkader, for cross petition plaintiff-appellee Faye A. Cook.

LARSON, Chief Justice.

This suit in equity involves the efforts of two parties to foreclose notes and mortgages on a 1950 Dorsey 34-foot refrigerated trailer purchased on July 9, 1957, by defendant buyer Cook from defendant seller Truckers Discount Corporation. The plaintiff Farmers State Bank's mortgage was second, but was taken as a result of seller's representation at the time of the sale that the trailer was a 1953 model. The factual situation appears more complicated...

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