HERTZ FARM MANAGEMENT, INC. v. TWITO

No. 87-1816.

434 N.W.2d 907 (1988)

HERTZ FARM MANAGEMENT, INC., Receiver in Winnebago County Equity Number 13557, Plaintiff-Appellee, v. R.D. TWITO and Dominy Twito, husband and wife, and Keith Twito, Defendants-Appellants.

Court of Appeals of Iowa.

November 29, 1988.


Attorney(s) appearing for the Case

Michael J. Cross of Coonley & Coonley, Hampton, for defendants-appellants.

Richard H. Moeller of Laird, Burington, Heiny, McManigal, Walters & Winga, Mason City, for plaintiff-appellee.

Considered by OXBERGER, C.J., and SCHLEGEL and HAYDEN, JJ.


OXBERGER, Chief Judge.

Defendants, R.D. Twito, Dominy Twito, and Keith Twito, appeal from the district court judgment granting plaintiff's motion for summary judgment. The district court awarded plaintiff $7,000 from the defendants for recovery of rents payable under a lease of the mortgaged property. Defendants contend that summary judgment was inappropriate because there are several disputed issues of material fact. We affirm in part, reverse in part, and reverse...

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