McVAY v. KENNETH E. MONTZ IMPLEMENT CO.

No. 61671.

287 N.W.2d 149 (1980)

Charles F. McVAY d/b/a McVay Instruction Company, Appellee, v. KENNETH E. MONTZ IMPLEMENT COMPANY, Appellant.

Supreme Court of Iowa.

January 23, 1980.


Attorney(s) appearing for the Case

J. L. Kuehnle of Sebesta & Kuehnle, Mechanicsville, and Robert E. Dreher of Dreher, Wilson, Adams & Jensen, Des Moines, for appellant.

Robert D. VanHorne, Cedar Rapids, for appellee.

Considered en banc.


LeGRAND, Justice.

This is a case involving the entry of an ex parte nunc pro tunc order upon plaintiff's application. The order increased the judgment against defendant from $1,187.06 to $15,187.06. Defendant appeals. We reverse and remand.

In 1974 plaintiff and defendant orally agreed for the construction of several buildings. Various controversies developed, most of which concerned insulation. Eventually defendant took over the insulation work himself, and...

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