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FARMERS CO-OP. CO. v. STOCKDALES' CORP.

No. 84-534.

366 N.W.2d 184 (1985)

FARMERS COOPERATIVE COMPANY, Appellee, v. STOCKDALES' CORPORATION, Defendant. STOCKDALES' CORPORATION, Cross-Petitioner, v. CITY OF PLYMOUTH, Iowa, and Laurel Helm, Appellants. FARMERS COOPERATIVE COMPANY, Cross-Petitioner-Appellee, v. CITY OF PLYMOUTH, Iowa, and Laurel Helm, Defendants to Cross-Petition-Appellants.

Supreme Court of Iowa.

April 17, 1985.

Attorney(s) appearing for the Case

James P. McGuire, Mason City, for appellants.

R. Michael Sweesy, Mason City, for appellee.

Considered en banc.

HARRIS, Justice.

On a claim for breach of a construction contract there was a cross-petition seeking indemnity on a tort theory. There were recoveries on both the breach of contract claim and the cross-petition for indemnity. The cross-petition defendant appeals, asserting that only tort damages, not contract damages as here, can be the subject of an indemnity recovery. Because we disagree, we affirm the trial court.

Plaintiff Farmers Cooperative Company ...

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