McGEE v. DAMSTRA

Nos. 87-667, 88-513.

431 N.W.2d 375 (1988)

John A. McGEE and Erma McGee, Appellees, v. Donald DAMSTRA, Appellant. Donald DAMSTRA, Plaintiff, v. IOWA DISTRICT COURT, Defendant.

Supreme Court of Iowa.

November 23, 1988.


Attorney(s) appearing for the Case

Thomas J. Whorley and Timothy A. Scherle of Wolff, Whorley, De Hoogh & Thompson, Sheldon, for appellant and plaintiff on certiorari.

Marvin V. Colton, Albia, for appellees and defendant on certiorari.

Considered by McGIVERIN, C.J., and CARTER, LAVORATO, SNELL, and ANDREASEN, JJ.


CARTER, Justice.

These consolidated proceedings involve an appeal from a decree of specific performance entered against the defendant buyer in a land contract action, and an original certiorari action challenging an order finding the buyer in contempt under the decree. The court of appeals reversed the district court's decree of specific performance and held that forfeiture was the sole remedy available to the sellers under the agreement. It found that the contempt...

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