DAVITT v. SMART

No. 88-1392.

449 N.W.2d 378 (1989)

Philip A. DAVITT and Theo B. Davitt, Appellees, v. Sam D. SMART, Appellant.

Supreme Court of Iowa.

December 20, 1989.


Attorney(s) appearing for the Case

Rex Darrah, Des Moines, and Emil Trott, Jr. of Barrett & Trott, Des Moines, for appellant.

John P. Dollar, Des Moines, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, SCHULTZ and ANDREASEN, JJ.


LARSON, Justice.

The issue in this case is whether a copy of a contract for the sale of real estate, attached as an exhibit to a petition in a suit to enforce that contract, may constitute slander of title. The district court, following a jury trial, ruled that it could. The defendant appealed, and we reverse.

The facts are largely undisputed. On August 5, 1985, defendant, Sam D. Smart, contracted to buy 335 acres of farmland owned by the plaintiffs, Philip...

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