McDONALD v. DELHI SAV. BANK

No. 87-1731.

440 N.W.2d 839 (1989)

Jack R. McDONALD and Mickey C. McDonald, Plaintiffs, v. DELHI SAVINGS BANK, Defendant. DELHI SAVINGS BANK, Appellant, v. Richard H. RATHJE, Richard L. Smith, Frances K. Smith, and R.L. Smith Real Estate Company, Inc. d/b/a R.L. Smith and Company, Realtors, Appellees.

Supreme Court of Iowa.

Rehearing Denied June 8, 1989.


Attorney(s) appearing for the Case

James F. Pickens and Minor Barnes of Pickens, Barnes & Abernathy, Cedar Rapids, for appellant.

William G. Nicholson of White & Johnson, P.C., Cedar Rapids, for appellee Rathje.

James W. Affeldt and Cynthia Hanna Camp of Affeldt & Blackstock, Cedar Rapids, for appellees Smith.

Considered by McGIVERIN, C.J., and SCHULTZ, CARTER, LAVORATO and NEUMAN, JJ.


McGIVERIN, Chief Justice.

Plaintiffs Jack and Mickey McDonald filed a breach of contract and negligence action against appellant Delhi Savings Bank for extinguishing their interest in real estate they owned on which the bank held certain security interests. The bank cross-petitioned against appellees Richard Rathje, the contract purchaser of the real estate, and Richard and Frances Smith, the eventual owners and contract sellers of the real estate, for contribution...

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