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DePAEPE v. MALITO

No. 96-983.

578 N.W.2d 229 (1998)

Joseph DePAEPE as Trustee of the Joseph S. DePaepe Revocable Trust, Appellant, v. William MALITO and George E. Malito, Appellees.

Supreme Court of Iowa.

May 28, 1998.

Attorney(s) appearing for the Case

David J. Franks of Ellard & Franks, P.L.C., Davenport, for appellant.

Patricia Rhodes Cepican and Elliott R. McDonald, III, of McDonald, Stonebraker & Cepican, P.C., Davenport, for appellees.

Considered by McGIVERIN, C.J., and HARRIS, LARSON, NEUMAN, and TERNUS, JJ.

NEUMAN, Justice.

This appeal concerns plaintiff Joseph DePaepe's unsuccessful attempt to acquire the stock in GBM, Inc., an Iowa corporation owned ninety percent by defendant George Malito, and ten percent by defendant William Malito. DePaepe claims the district court erred when it found no meeting of the minds concerning what DePaepe alleges was an oral contract. The defendants rest their defense on the statute of frauds. We affirm.

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