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MOSEBACH v. BLYTHE

No. 2-61831.

282 N.W.2d 755 (1979)

Larry F. MOSEBACH and Elberon Elevator, Inc., Plaintiffs-Appellants, v. Robert C. BLYTHE, Defendant-Appellee.

Court of Appeals of Iowa.

Review by Supreme Court Denied August 9, 1979.

Attorney(s) appearing for the Case

William J. Koehn, Dennis D. Jerde and Steven L. Nelson, of Thoma, Schoenthal, Davis, Hockenberg & Wine, Des Moines, for plaintiffs-appellants.

D. A. Elderkin and D. M. Elderkin, Cedar Rapids, for defendant-appellee.

Heard by OXBERGER, C. J., and DONIELSON, SNELL, CARTER and JOHNSON, JJ.

SNELL, Judge.

Plaintiffs appeal from that portion of the trial court's judgment which denied them recovery against defendant. Plaintiff Mosebach and defendant Blythe, co-owners of Elberon Elevator, had agreed in writing to either sell Elberon by November 15, 1972 or, if a sale had not been effectuated by then, to discontinue operations by December 31, 1972. Mosebach and Blythe further agreed to jointly inject sufficient capital into Elberon to cover Elberon's various...

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