HUMISTON GRAIN CO. v. ROWLEY INTERSTATE TRANSP. CO.

No. 90-1370.

483 N.W.2d 832 (1992)

HUMISTON GRAIN CO., Appellee, v. ROWLEY INTERSTATE TRANSPORTATION COMPANY, INC., Appellant. ROWLEY INTERSTATE TRANSPORTATION COMPANY, INC., Appellant, v. HUMISTON GRAIN CO., and Robert Greer, Appellees-Counterdefendant. HUMISTON GRAIN CO., Appellee, v. James EARNEST d/b/a Earnest Insurance Agency, Third-Party Defendant.

Supreme Court of Iowa.

April 15, 1992.


Attorney(s) appearing for the Case

James M. Heckmann of Bauer and Heckmann, P.C., Dubuque, for appellant.

Eric M. Knoernschild of Hintermeister & Knoernschild, Muscatine, for appellee Humiston Grain Co. and counterdefendant Robert Greer.

Chris J. Scheldrup of Moyer & Bergman, Cedar Rapids, for third-party defendant James Earnest.

Considered by HARRIS, P.J., and LARSON, LAVORATO, NEUMAN, and ANDREASEN, JJ.


ANDREASEN, Justice.

Based upon the terms of an agreement between an owner and a carrier, the owner brought suit to recover equipment rental fees. The carrier counterclaimed for damages arising from the destruction of one of its trailers on theories of breach of contract, negligence, and bailment. The owner pled the affirmative defense of estoppel to the carrier's counterclaim. The district court held the owner was entitled...

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