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DIAMOND PRODS. v. SKIPTON PAINTING & INSULAT.

No. 85-1413.

392 N.W.2d 137 (1986)

DIAMOND PRODUCTS COMPANY, A Corporation, Appellee, v. SKIPTON PAINTING AND INSULATING, INC. A Corporation, Appellant, Diamond Products Company, Defendant to Counterclaim.

Supreme Court of Iowa.

August 20, 1986.

Attorney(s) appearing for the Case

John D. Stonebraker of McDonald, Stonebraker & Cepican, P.C., Davenport, for appellant.

Realff H. Ottesen of Ottesen, Hoffman & Priester, Davenport, for appellee.

Thomas J. Shields of Lane & Waterman, Davenport and Roger A. Lathrop of Betty, Neuman & McMahon, Davenport, for defendant to counterclaim.

Considered by REYNOLDSON, C.J., and McGIVERIN, LARSON, SCHULTZ, and WOLLE, JJ.

LARSON, Justice.

A partial summary judgment, Iowa R.Civ.P. 237(a), was entered in favor of the plaintiff, Diamond Products Company, in a suit against Skipton Painting and Insulating, Inc. for paint sold to it on account. Skipton, who complains that the claim was not appropriate for summary disposition, was granted leave to appeal in advance of final judgment. Iowa R.App.P. 2(a). We reverse and remand.

Partial summary judgment is provided for in rule of civil...

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