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FORT DODGE, D. M. & S. RY. v. AMERICAN COM. STORES CORP.

No. 51480.

131 N.W.2d 515 (1964)

FORT DODGE, DES MOINES & SOUTHERN RAILWAY, Appellant, v. AMERICAN COMMUNITY STORES CORPORATION, Tyler B. Gaines, Trustee, Appellee and Cross-Petitioner, v. STATE of Iowa, Third-Party Defendant and Appellee.

Supreme Court of Iowa.

November 17, 1964.

Attorney(s) appearing for the Case

Whitfield, Musgrave, Selvy & Kelly, Des Moines, for appellant.

Connolly, O'Malley & Conley, Des Moines, for appellee and cross-petitioner.

Evan Hultman, Atty. Gen., C. J. Lyman, Sp. Asst. Atty. Gen., James E. Thomson and Henry M. Keyes, State Counsel, for third-party defendant and appellee.

SNELL, Justice.

Plaintiff, vendor, sought specific performance of a contract for sale of real estate. Defendant, American Community Stores Corporation, Tyler B. Gaines, Trustee, vendee, denied merchantability of the title as tendered, brought in the State of Iowa as a third-party defendant and then cross-petitioned against the State seeking a declaratory judgment adjudicating the rights of all parties.

The trial court found that plaintiff's title was not merchantable...

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