BERRYHILL v. HATT

Nos. 87-432, 87-199.

428 N.W.2d 647 (1988)

Patrick M. BERRYHILL, Thomas A. Popa and North American Motorsports Corporation, Appellees, v. John A. HATT, Appellant. Patrick M. BERRYHILL and Thomas A. Popa, Appellants, v. John A. HATT and Dorris V. Hatt, Appellees.

Supreme Court of Iowa.

August 17, 1988.


Attorney(s) appearing for the Case

Keith Stapleton, Cedar Rapids, for appellees defendants.

John L. Riccolo and Diane B. Gould of Wenzel, Piersall, Riccolo & Harms, P.C., and Iris E. Muchmore of Simmons, Perrine, Albright & Ellwood, Cedar Rapids, for appellants plaintiffs.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, CARTER and ANDREASEN, JJ.


McGIVERIN, Chief Justice.

The contractual relationship underlying this dispute involves a real estate lease and sale contract between defendant John A. Hatt, as lessor-seller, and plaintiffs Patrick Berryhill and Thomas Popa, as lessee-buyers.

In a law action plaintiffs asserted that defendant Hatt breached the contract and was subsequently liable for abuse of process in trying to get them to leave the leased premises...

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