OTTUMWA PROD. CRED. v. HEINHOLD HOG MARK.

No. 83-91.

340 N.W.2d 801 (1983)

OTTUMWA PRODUCTION CREDIT ASSOCIATION, Ottumwa, Iowa, Plaintiff-Appellant, v. HEINHOLD HOG MARKET, INC., Defendant-Appellee.

Court of Appeals of Iowa.

September 27, 1983.


Attorney(s) appearing for the Case

Bailey C. Webber of Webber, Gaumer & Emanuel, P.C., Ottumwa, for plaintiff-appellant.

M.H. Pothoven of Clements, Blomgren & Pothoven, Oskaloosa, for defendant-appellee.

Considered by OXBERGER, C.J., and DONIELSON, SNELL, SCHLEGEL, HAYDEN, and SACKETT, JJ.


OXBERGER, Chief Judge.

Plaintiff appeals from a summary judgment for defendant, a livestock buyer who purchased hogs from Jackson upon which plaintiff claims a security interest. On appeal, plaintiff asserts that (1) evidence of "a course of dealing" does not support the defense of waiver, and authorization, as opposed to waiver, was not pleaded; and (2) there was no evidence of express authority from plaintiff to Jackson to sell the hogs, and whether there was implied...

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