MODERN HEAT & POWER COMPANY v. PAUL

No. 52854.

158 N.W.2d 8 (1968)

MODERN HEAT & POWER COMPANY, Appellant, v. Robert C. PAUL and Dorothy J. Paul, Merrill D. and Mary Jane Heavilin, Ralph L. and Ina E. Hughes, Appellees.

Supreme Court of Iowa.

April 9, 1968.


Attorney(s) appearing for the Case

Joseph A. Billings, Des Moines, for appellant.

P. F. Elgin, Indianola, for Robert C. & Dorothy J. Paul, appellees.

Maynard Hayden, Indianola, for Merrill D. & Mary Jane Heavilin and Ralph L. and Ina E. Hughes, appellees.


MOORE, Justice.

The factual circumstances giving rise to this litigation are similar to countless other cases brought before the court in which seemingly sound, well-planned business transactions have gradually degenerated to a state necessitating judicial resolution.

On October 12, 1964 defendant Robert C. Paul signed a purchase order for "1 Bishop Steelite Deluxe Pear-Shaped Swimming Pool with tapered Wall, Knocked-down, unassembled and uninstalled—...

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