U. S. HOMES, INC. v. YATES

No. 53621.

174 N.W.2d 402 (1970)

U. S. HOMES, INC., Appellee, v. Chesley A. YATES, J. Fred Beisser, d/b/a Beisser Building Materials Company, and W. C. Robbins, Appellants.

Supreme Court of Iowa.

February 10, 1970.


Attorney(s) appearing for the Case

Johnson, Burnquist & Erb, by William S. Gibb, Fort Dodge, for appellant Chesley A. Yates.

Hamilton & Schill, by Howard D. Hamilton, Fort Dodge, for appellee.


RAWLINGS, Justice.

Trial to the court on plaintiff's action at law for damages resulting from defendant's breach of a home construction contract resulted in judgment for plaintiff, and defendant appeals. We reverse.

Sometime in the summer of 1964, plaintiff, a mass producer of precut structures, entered into a contract with defendant, under which the former agreed to build a house for the latter.

Shortly thereafter, before work had commenced, plaintiff...

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