GOSHA v. WOLLER

No. 63003.

288 N.W.2d 329 (1980)

Michael J. GOSHA and Susan D. Gosha, Appellees, v. Francis J. WOLLER, Linda D. Woller, and Francis J. Woller d/b/a Woller Construction Company, Appellants.

Supreme Court of Iowa.

February 20, 1980.


Attorney(s) appearing for the Case

R. N. Russo and Barry A. Lindahl of Conzett, Norman, Lindahl & O'Brien, Dubuque, for appellants.

Michael J. Coyle of Fuerste, Carew, Coyle, Juergens & Sudmeier, Dubuque, for appellees.

Considered by LeGRAND, P. J., and REES, UHLENHOPP, ALLBEE and LARSON, JJ.


LARSON, Justice.

These defendants appeal from a judgment entered against them in a suit by the buyers of a new home. They contend that the trial court based its decision on a theory not alleged in the pleadings and, in so doing, denied them an opportunity to present a defense to that theory. They request judgment in their favor or, in the alternative, reversal and remand for a new trial. We reverse the judgment of the trial court and remand the case with instructions...

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