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MOSER v. THORP SALES CORP.

No. 2-58974.

256 N.W.2d 900 (1977)

Clifton G. MOSER and Carlys C. Moser, Plaintiffs-Appellants, v. THORP SALES CORPORATION, Thorp Credit, Inc., Hoth and Willman Real Estate and Auction, Col. Chuck Hoth, Col. Lorenz Willman, Col. Gay Oelke, Richard Schmitt and Marguerite Schmitt, Thorp Finance Corporation of Wisconsin, and ITT Thorp Corporation, Defendants-Appellees. Charles F. HOTH, Plaintiff-Appellee, v. Richard SCHMITT et al., Defendants-Appellees. Richard SCHMITT et al., Plaintiffs-Appellees, v. THORP SALES CORPORATION and Lorenz Willman, Defendants-Appellees. THORP FINANCE CORPORATION, Plaintiffs-Appellees, v. Richard SCHMITT et al., Defendants-Appellees.

Supreme Court of Iowa.

Rehearing Denied August 29, 1977.

Attorney(s) appearing for the Case

Kevin C. Neylan and Kathleen Neylan, Elkader, for appellants.

Richard L. Donohue of Donohue Law Office, P. C., West Union, for appellees Schmitts.

Donald H. Gloe of Miller, Pearson, Gloe & Burns, Decorah, for appellees other than the Schmitts.

Heard by MOORE, C. J., and RAWLINGS, LeGRAND, REYNOLDSON, and McCORMICK, JJ.

REYNOLDSON, Justice.

Plaintiffs, contract purchasers of a 285-acre farm, brought this action in three divisions for specific performance, for decree quieting title, and in the alternative, for damages. Although trial court held the contract was valid and plaintiffs at all times were able to perform their obligations under it, the only relief granted was a judgment requiring defendants to return plaintiffs' down payment, without interest. Plaintiffs appeal. We reverse...

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