NEIMANN v. BUTTERFIELD

No. 94-1890.

551 N.W.2d 652 (1996)

Clarence NEIMANN, Plaintiff-Appellee, v. Michael Paul BUTTERFIELD, Defendant-Appellant.

Court of Appeals of Iowa.

May 31, 1996.


Attorney(s) appearing for the Case

Michael G. Byrne of Winston, Reuber & Byrne, P.C., Mason City, for appellant.

Ted Enabnit of Ted Enabnit, P.C., Mason City, for appellee.

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


HABHAB, Judge.

Defendant Michael Butterfield appeals from the trial court's finding of a constructive trust and the denial of his counterclaim. He argues the trial court erred in (1) applying the legal standard of constructive trust rather than express trust; (2) finding plaintiff had proven the elements of a constructive trust; (3) making its assessments of the credibility of the witnesses; (4) denying defendant's motion to reopen the evidence; and (5) denying his...

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