ADAIR COUNTY FARM v. CRESTON FEED & GRAIN

No. 85-209.

390 N.W.2d 608 (1986)

ADAIR COUNTY FARM SERVICE, Plaintiff-Appellee, v. CRESTON FEED & GRAIN, INC., Defendant-Appellant, Prescott Grain & Supply, Inc., Defendant, Farmers Cooperative Company (Greenfield, Iowa), Defendant-Appellant, Iowa State Bank, Defendant, Grace Shinkle and Donna J. Phillips, Trustees of the Kenneth L. Shinkle Trust, Intervenors-Appellees.

Court of Appeals of Iowa.

June 4, 1986.


Attorney(s) appearing for the Case

Paul J. Boysen, Jr., of Camp, Harsh, Boysen, James & Mackaman, Creston, and John E. Wietzke, Greenfield, for defendants-appellants.

Charles W. Carlberg of Don Carlos, Carlberg & Jungmann, Greenfield, for plaintiff-appellee.

Rhoda E. Schollars, Anita, for intervenors-appellees.


DONIELSON, Judge.

Two defendants (the elevators) appeal from judgment for plaintiff and landlord-intervenors in an action for conversion of grain, asserting: (1) that the evidence was sufficient to establish course of dealing and/or usage of trade operating as a waiver of plaintiff grain dealer's security interest in grain sold to defendants; (2) that the evidence of origin of the grain sold was not specific enough to support an award of damages; and (3) that the...

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