INTERSTATE POWER v. WAUKON MANOR, INC.

No. 88-1163.

447 N.W.2d 574 (1989)

INTERSTATE POWER COMPANY, Plaintiff-Appellee, v. WAUKON MANOR, INC., Defendant-Appellant. WAUKON MANOR, INC., Cross-Petitioner, v. Norman BOHR, Jack Duffy, and Don Rodenkirk, Defendants to Cross-Petition.

Court of Appeals of Iowa.

As Corrected August 23, 1989.


Attorney(s) appearing for the Case

John L. Butler of Lundy, Butler & Lundy, Eldora, for defendant-appellant.

James U. Mellick, Waukon, for plaintiff-appellee.

Heard by OXBERGER, C.J., and SCHLEGEL and SACKETT, JJ.


SCHLEGEL, Judge.

Appellant appeals the decision of the district court which entered judgment against it for $32,751. Appellant raised the affirmative defenses of statute of limitations, estoppel, laches, accord and satisfaction, and unconstitutionality. These were denied in an adjudication of law points where the district court found a defense of material economic hardship was barred as a matter of law. We reverse.

Iowa Code section 476.5 provides that a public...

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