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SMITH v. OLSON

No. 2-65943.

315 N.W.2d 842 (1981)

Kenneth R. SMITH and Annette Smith, Plaintiffs-Appellees, v. Stanley L. OLSON and Cynith Ann Olson, Defendants-Appellants.

Court of Appeals of Iowa.

November 24, 1981.

Attorney(s) appearing for the Case

Richard A. Knock of Mershon, Snow & Knock, Cedar Falls, for defendants-appellants.

Ivan J. Ackerman of Engelbrecht, Ackerman & Hassman, Waverly, for plaintiffs-appellees.

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

DONIELSON, Judge.

Defendants appeal from a summary judgment for plaintiffs in this suit for breach of a contract to buy a water softener business. On appeal, defendants assert that the plaintiffs' decision to forfeit the contract with respect to the real estate portion of the contract was a conclusive election of remedy which bars this suit for damages with respect to the personal property portion of the contract. Our scope of review is limited to correction of errors...

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