HARROP v. KELLER

No. 58670.

253 N.W.2d 588 (1977)

Charles HARROP, Individually and Patty Harrop, a minor by her father and next friend, Charles Harrop, Appellants, v. Nancy KELLER and Bea Spurgin, a partnership d/b/a Brown's Tap, Appellees.

Supreme Court of Iowa.

May 25, 1977.


Attorney(s) appearing for the Case

Seymore M. Raben, Davenport, for appellants.

John J. Carlin, Carlin & Darbyshire, Davenport, for appellees.

Ralph D. Sauer, Davenport, for appellee Bea Spurgin.

Submitted to MOORE, C. J., and LeGRAND, UHLENHOPP, REYNOLDSON and HARRIS, JJ.


HARRIS, Justice.

In this dram shop action the petition and its amendments were challenged by a series of motions to dismiss. The central issue is a claimed violation of the notice requirement of § 123.93, The Code. The trial court held the notice requirement had not been met and dismissed the petition. On plaintiff's appeal we reverse the trial court and remand.

The factual background as shown by the allegations of plaintiff's petition is as follows:...

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