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DOTTS v. BENNETT

No. 85-220.

382 N.W.2d 85 (1986)

Gordon DOTTS and Marie Dotts, Appellees, v. Carl BENNETT and Evelyn Bennett, Appellants.

Supreme Court of Iowa.

February 19, 1986.

Attorney(s) appearing for the Case

Gale E. Juhl of Morain, Burlingame, Pugh & Juhl, Des Moines, for appellants.

Paul M. Goldsmith of Shelton Law Firm, Chariton, for appellees.

Considered en banc.

UHLENHOPP, Justice.

This appeal concerning the sale of hay presents the issue inter alia of whether plaintiffs Gordon and Marie Dotts generated a jury question on their allegation that defendants Carl and Evelyn Bennett were "merchants", triggering an implied warranty of merchantability under section 554.2314 of the Iowa Code of 1981. The two men were the participants in the transaction and we will refer to them as Dotts and Bennett. We present the facts in the light...

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