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THOMAS v. GROOMS & CO. CONST., INC.

No. 88-1486.

448 N.W.2d 686 (1989)

Charles D. THOMAS and Margaret E. Thomas, Plaintiffs-Appellees, v. GROOMS & CO. CONSTRUCTION, INC., Defendant-Appellant.

Court of Appeals of Iowa.

October 5, 1989.

Attorney(s) appearing for the Case

Richard C. Bauerle of Johnson, Bauerle, Hester & Walter, Ottumwa, for defendant-appellant.

Michael J. Manno of Cook, Gotsdiner, McEnroe & McCarthy, Des Moines, for plaintiffs-appellees.

Considered by DONIELSON, P.J., and SACKETT and HABHAB, JJ.

HABHAB, Judge.

Appellant appeals the district court's decision denying it judgment on its counterclaim. We affirm.

Prior to 1977 Charles and Margaret Thomas owned a house in Albia. In 1977 they decided to move to Ottumwa and by written agreement hired Grooms & Co. Construction, Inc., to build them a house there. By an amendment to the original agreement, Grooms agreed to accept as partial payment the equity of the Thomases' Albia house. However, this amended...

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