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WOODRUFF & SON v. RHOTON

No. 49768.

101 N.W.2d 720 (1960)

WOODRUFF & SON, a Partnership consisting of L. J. Woodruff and P. V. Woodruff, Plaintiffs, v. Albert L. RHOTON, Hazel V. Rhoton, Chris Thompson, C. S. Abell, Independent Lumber Company, Bennie Crowell, Jr., Clyde E. Teller, Seither & Cherry Company, Keokuk Loan and Building Association, Defendants. Chris THOMPSON, C. S. Abell and Clyde E. Teller, Cross-Petition Appellants, v. Albert L. RHOTON, Hazel V. Rhoton, and Transportation Insurance Company, Cross-Petition Appellees.

Supreme Court of Iowa.

March 8, 1960.

Attorney(s) appearing for the Case

Smith & Dickey, Keokuk, for cross-petition appellants.

Charles P. Beard, Keokuk, for cross-petition appellees.

LARSON, Chief Justice.

The sole issue raised in this appeal is the sufficiency of the demand notice served upon the cross-petitioners by the defendant owners, Albert L. Rhoton and Hazel V. Rhoton, measured by the requirements of Section 572.28, Code of Iowa, I.C.A.

At the request of the appellants under Rule 105, R.C.P., the trial court held the notices did constitute a sufficient and proper demand under the statute, and that the appellants forfeited their...

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