F.W. MYERS & CO. v. HUNTER FARMS

No. 65340.

319 N.W.2d 186 (1982)

F. W. MYERS & COMPANY, Appellee, v. HUNTER FARMS, Appellant.

Supreme Court of Iowa.

May 19, 1982.


Attorney(s) appearing for the Case

John A. Gerken of Wilcox, Polking & Gerken, P. C., Jefferson, for appellant.

Paul A. Zoss of Myers, Knox & Hart, Des Moines, and Joseph S. Kaplan, New York City, for appellee.

Considered by LeGRAND, P. J., and McCORMICK, ALLBEE, McGIVERIN, and LARSON, JJ.


LARSON, Justice.

Hunter Farms appeals from a judgment entered against it in an action by F. W. Myers & Company for indemnity to recover additional import duty paid by Myers on its behalf. After trial, Myers recovered the additional duty in a separate action in the United States Court of Claims, thus rendering the initial controversy moot. Hunter has pursued this appeal, however, to obtain a determination that Myers had breached a duty, as an import broker, which...

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