GORDON v. WITTHAUER

No. 51835.

138 N.W.2d 918 (1965)

Leo D. GORDON, Appellee, v. Owen WITTHAUER and Marguerite A. Witthauer, Appellants.

Supreme Court of Iowa.

Rehearing Denied February 8, 1966.


Attorney(s) appearing for the Case

Kenneth Sacks, Council Bluffs, for appellants.

Matt Walsh, Council Bluffs, for appellee.


THORNTON, Justice.

Plaintiff, a tenant, brought this action against defendants, his landlords, for damages for breach of an express warranty that the landlords would install adequate heating and air conditioning equipment. The case was submitted to the jury on this theory and from an adverse verdict and judgment defendants appeal.

Defendants contend it was error to overrule their motion for judgment notwithstanding the verdict because the plaintiff's case...

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