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SERGEANT v. LEONARD

No. 65500.

312 N.W.2d 541 (1981)

David SERGEANT, as Trustee for the Estate of Merlyn J. Pollock, d/b/a Polite Real Estate, Bankrupt, Appellee, v. Eugene LEONARD and Irene M. Leonard, Appellants.

Supreme Court of Iowa.

November 25, 1981.

Attorney(s) appearing for the Case

H. A. Stoebe, Humboldt, for appellants.

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

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, McCORMICK, and SCHULTZ, JJ.

UHLENHOPP, Justice.

The principal problem in this appeal is whether an oral agreement, following a written listing of property with a broker, constituted an accord or a substituted contract. The action was tried by ordinary proceedings and the trial court's findings therefore have the effect of a special verdict; they are binding on us if supported by substantial evidence. Iowa R.App.P. 14(f)(1). We view the evidence...

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