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DEALERS HOBBY, INC. v. MARIE ANN LINN RLTY. CO.

No. 2-58831.

255 N.W.2d 131 (1977)

DEALERS HOBBY, INC., Appellant, v. MARIE ANN LINN REALTY CO., Appellee-Cross-Petitioner, v. ABILD CONSTRUCTION COMPANY, INC., Appellee to Cross-Petition, v. SAVAGE AND VER PLOEG, Appellee to Cross-Petition.

Supreme Court of Iowa.

June 29, 1977.

Attorney(s) appearing for the Case

Johnson, Bauerle & Hester, Ottumwa, for appellant.

Putnam, Putnam & Putnam, Bradshaw, Fowler, Proctor & Fairgrave, Dickinson, Throckmorton, Parker, Mannheimer & Raife, and Jones, Hoffmann & Davison, Des Moines, for appellees.

Heard by MOORE, C. J., and MASON, REES, UHLENHOPP and HARRIS, JJ.

MOORE, Chief Justice.

Plaintiff tenant brought this action for breach of lease agreement to recover damages after partial collapse of leased warehouse building roof. From trial court order dismissing its petition as it related to damages for breach of warranty, plaintiff has appealed. We affirm.

On June 10, 1959 defendant Marie Ann Linn Realty Company leased a warehouse then under construction at 2150 Delaware Avenue in Des Moines, consisting of 20,000 square...

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