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TIMM v. CLEMENT

No. 96-1221.

574 N.W.2d 368 (1997)

Rick TIMM and Beverly Timm, Individually, and Rick Timm and Beverly Timm d/b/a Timm'S Auto Body, Appellees, v. Larry CLEMENT and Clement Auto & Truck, Inc., Appellants.

Court of Appeals of Iowa.

December 29, 1997.

Attorney(s) appearing for the Case

Robert P. Malloy and Lynn A. Collins of the Malloy Law Firm, Goldfield, for appellants.

Brenda Myers of Barnhill & Goodman, P.C., West Des Moines, for appellees.

Heard by CADY, C.J., and HUITINK and STREIT, JJ., but decided by HUITINK, P.J., and STREIT and MAHAN, JJ.

STREIT, Judge.

Defendant Clement sold the plaintiffs, Timms, property contaminated with petroleum products and which was near underground storage tanks. Clement did not disclose the contamination or the underground storage tanks to Timms before purchase. After discovering the contamination and underground storage tanks, Timms sued. The jury found Clement negligent and in breach of the contract and awarded $50,000 damages. Clement appeals arguing he was entitled to...

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