DUNN v. GENERAL EQUITIES OF IOWA, LTD.

No. 66050.

319 N.W.2d 515 (1982)

W. A. DUNN and Lola Dunn, Appellants, v. GENERAL EQUITIES OF IOWA, LTD., Appellee.

Supreme Court of Iowa.

May 19, 1982.


Attorney(s) appearing for the Case

Patrick B. Chambers, Webster City, for appellants.

Gerald Stambaugh of Laird, Burington, Bovard, Heiny, McManigal & Walters, Mason City, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McCORMICK and ALLBEE, JJ.


McCORMICK, Judge.

The question here is whether the trial court erred in holding that the payees of two promissory notes waived their right to invoke acceleration clauses by accepting late payments on several prior occasions. We must decide if acceleration clauses can be waived by a previous course of dealing between the parties and, if so, whether the finding of waiver in this case is supported by substantial evidence. Because we give affirmative answers to each of...

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