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DeWAAY v. MUHR

No. 52945.

160 N.W.2d 454 (1968)

Kenneth L. DeWAAY, d/b/a Heart of Iowa Popcorn Company, Appellant, v. Francis J. MUHR, Appellee.

Supreme Court of Iowa.

July 18, 1968.

Attorney(s) appearing for the Case

Tesdell, Miller & Rydell, Des Moines, for appellant.

Coppola & Trout, Des Moines, for appellee.

GARFIELD, Chief Justice.

This is a law action by Kenneth L. DeWaay, d/b/a a Heart of Iowa Popcorn Co., a popcorn processor, to recover damages from Francis J. Muhr, a farmer, for breach of his contract to plant, grow and deliver popcorn. At the close of plaintiff's evidence there was a directed verdict for defendant. From adverse judgment thereon plaintiff has appealed. We reverse.

In considering the propriety of the directed verdict we view the evidence in...

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