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SHIRK OIL COMPANY v. LINSLEY

No. 53331.

166 N.W.2d 789 (1969)

SHIRK OIL COMPANY, a Corporation, Appellant, v. Millard LINSLEY, Appellee.

Supreme Court of Iowa.

April 8, 1969.

Attorney(s) appearing for the Case

Robert J. Pattee and Kenneth E. Wright, Independence, for appellant.

Hubert J. Swift, of Swift & Swift, Manchester, for appellee.

MASON, Justice.

This is a law action tried to the court to recover balance due on a promissory note given by Millard Linsley to plaintiff Shirk Oil Company for the agreed price of an inventory of merchandise and equipment purchased by him under a conditional sales contract. Defendant asserted as an affirmative defense failure of consideration and estoppel by reason of plaintiff's repossession and sale of the property without his consent; that its election to retake...

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