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MATHERLY v. HANSON

No. 83-1562.

359 N.W.2d 450 (1984)

Carl W. MATHERLY, Appellant, v. John K. HANSON, Appellee.

Supreme Court of Iowa.

Rehearing Denied January 10, 1985.

Attorney(s) appearing for the Case

Robert E. Mannheimer, Ronald L. Anderson, and Barbara G. Barrett of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellant.

John A. Templer, Jr., and David J. Darrell of Davis, Hockenberg, Wine, Brown & Koehn, Des Moines, for appellee.

Considered en banc.

McGIVERIN, Justice.

This appeal requires us to determine whether a certain set of writings constitutes a written contract within the meaning of Iowa Code section 614.1(5) (1983). That section provides that an action founded on a written contract must be brought within ten years of the accrual of the cause of action. Section 614.1(4) establishes that an action founded on an unwritten contract must be brought within five years after the cause of action accrues. Plaintiff...

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