NEWBERRY v. BARTH, INC.

No. 2-55098.

252 N.W.2d 711 (1977)

Donald E. NEWBERRY, Appellee, v. BARTH, INCORPORATED and Florence Barth, Appellants.

Supreme Court of Iowa.

April 20, 1977.


Attorney(s) appearing for the Case

Steven A. Weidner, Swisher & Cohrt, Waterloo, for appellants.

Mershon, Snow & Knock, Cedar Falls, for appellee.

Heard by MOORE, C. J., and REES, REYNOLDSON, HARRIS and McCORMICK, JJ.


REYNOLDSON, Justice.

Plaintiff Donald E. Newberry sued defendants Barth, Incorporated and Florence Barth for specific performance of a November 7, 1968 contract to sell a large apartment complex. Defendants appeal from a decree ordering them to specifically perform. We reverse and remand.

Barth, Incorporated was organized under the provisions of Chapter 491, The Code, 1950. The apartment complex was its principal asset. It was purchased from Florence Barth...

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