LOFTUS v. AMERICAN REALTY CO.

No. 2-68290.

334 N.W.2d 366 (1983)

Raymond J. LOFTUS and Connie L. Loftus, Plaintiffs-Appellants, v. AMERICAN REALTY COMPANY, A Corporation, Defendant-Appellee.

Court of Appeals of Iowa.

Review Denied August 5, 1983.


Attorney(s) appearing for the Case

Timothy J. Augustyn of Gross, Welch, Vinardi, Kauffman & Day, P.C., Omaha, Neb., and Lyle W. Ditmars of Peters Law Firm, P.C., Council Bluffs, for plaintiffs-appellants.

David F. McCann, Council Bluffs, for defendant-appellee.

Heard by OXBERGER, C.J., and DONIELSON, SNELL, and SCHLEGEL, JJ.


OXBERGER, Chief Judge.

Plaintiffs, who had an exclusive listing contract with defendant realty company to sell their home, appeal an adverse judgment on their petition seeking to recover from defendant realty company $22,500 in damages incurred when a third party hired by defendant realty company improperly lit the water heater and blew up the house. We reverse.

The facts in this case are not in dispute. Plaintiffs entered into an exclusive contract with defendant...

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