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TIP TOP DISTRIBUTING CO. v. INSURANCE PLAN S. & L. ASS'N

No. 54961.

197 N.W.2d 565 (1972)

TIP TOP DISTRIBUTING CO., Appellant, v. INSURANCE PLAN SAVINGS & LOAN ASSOCIATION OF MT. PLEASANT, Appellee.

Supreme Court of Iowa.

May 11, 1972.

Attorney(s) appearing for the Case

Neiman, Neiman, Stone & Spellman, Des Moines, for appellant.

Alanson K. Elgar, Mt. Pleasant, for appellee.

REYNOLDSON, Justice.

This is an appeal from a summary judgment for defendant in a law action. We reverse and remand for trial.

Plaintiff Tip Top Distributing Co. sued defendant Insurance Plan Savings upon an alleged agreement to pay plaintiff $7500 from four different construction jobs which defendant was financing for Mark E. Scott and Scott Lumber Company. The alleged contract was plaintiff's forbearance from filing liens (for materials furnished) in return...

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