MID-COUNTRY MEATS v. WOODRUFF-EVANS CONST.

No. 2-67205.

334 N.W.2d 332 (1983)

MID-COUNTRY MEATS, INC., Plaintiff-Appellant, v. WOODRUFF-EVANS CONSTRUCTION, Defendant-Appellee.

Court of Appeals of Iowa.

April 8, 1983.


Attorney(s) appearing for the Case

Don N. Kersten of Kersten, Opheim, Carlson & Trevino, Fort Dodge, for plaintiff-appellant.

William S. Gibb of Johnson, Erb, Latham & Gibb, P.C., Fort Dodge, and Roy M. Irish of Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, for defendant-appellee.

Considered en banc.


DONIELSON, Judge.

Plaintiff corporation appeals the dismissal of its petition alleging breach of a construction contract entered upon defendant contractor's motion for judgment notwithstanding the jury's failure to return a verdict after deliberating three days and remaining deadlocked in a four to four split vote on liability. On appeal the plaintiff contends that the trial court erred (1) by sustaining defendant's motion...

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