STOCKDALE INC. v. BAKER

No. 84-707.

364 N.W.2d 240 (1985)

STOCKDALE, INC., Appellant, v. Robert G. BAKER and Barbara M. Baker, Defendants, and Richard J. Berns, Appellee.

Supreme Court of Iowa.

Rehearing Denied April 15, 1985.


Attorney(s) appearing for the Case

Larry A. Stoller and David C. Larson of Stoller & Larson, Spirit Lake, for appellant.

John G. Martens of Sanderson, Ridout, Martens & Surfass, Estherville, and Kathleen Neylan, Elkader, for appellee.

Considered by REYNOLDSON, C.J., and UHLENHOPP, McCORMICK, McGIVERIN, and LARSON, JJ.


LARSON, Justice.

The plaintiff Stockdale, Inc. appeals from a summary judgment entered for defendant Richard J. Berns, who had cosigned a note with defendants Baker. Stockdale complains that the district court erred in ruling that, because Stockdale had failed to serve Berns a notice of proposed sale of collateral, Iowa Code section 554.9504(3) (1983), it was precluded from obtaining a deficiency judgment from him. We affirm.

The facts are largely undisputed...

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