DUMBAUGH v. CASCADE MFG. CO.

No. 60335.

264 N.W.2d 763 (1978)

R. Fred DUMBAUGH, Trustee, Appellee, v. CASCADE MANUFACTURING COMPANY, Appellant.

Supreme Court of Iowa.

April 19, 1978.


Attorney(s) appearing for the Case

Dave Hughes, Cascade, for appellant.

R. L. Donohue, Donohue Law Office, West Union, for appellee.

Considered by MOORE, C. J., and MASON, UHLENHOPP, REYNOLDSON and McCORMICK, JJ.


REYNOLDSON, Justice.

The controlling question is whether this litigation should have been permitted to proceed over defendant's repeated motions to dismiss on the ground there was no plaintiff in esse. We hold the action should have been dismissed and reverse the judgment entered below.

Defendant Cascade Manufacturing Company, a building materials supplier, delivered components for a structure to be built on a site owned by West, one of its dealers...

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