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POGGE v. FULLERTON LUMBER CO.

No. 60788.

277 N.W.2d 916 (1979)

John POGGE and Loraine Pogge, Appellees, v. FULLERTON LUMBER COMPANY, Appellant.

Supreme Court of Iowa.

April 25, 1979.

Attorney(s) appearing for the Case

James L. Kramer, of Johnson, Burnquist, Erb, Latham & Gibb, P. C., Fort Dodge, for appellant.

Jerry C. Estes, of Kersten, Opheim, Carlson & Estes, Fort Dodge, for appellees.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McCORMICK, and ALLBEE, JJ.

REYNOLDSON, Chief Justice.

Following jury trial, judgment for plaintiffs John and Loraine Pogge was rendered against defendant Fullerton Lumber Co. for compensatory and exemplary damages resulting from breach of a contract for construction of a house. We reverse and remand for new trial.

There was substantial evidence from which the jury could have found the following facts.

Under a written contract dated May 21, 1973, Fullerton agreed to construct...

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