FIELD v. PALMER

No. 97-506.

592 N.W.2d 347 (1999)

Marcy FIELD, Ron Freitag, John Jay, Dan Smith, and Brad Odom, Appellants, v. Steve PALMER and James Jennison, Appellees, and AERS Midwest, Inc., Defendant.

Supreme Court of Iowa.

April 28, 1999.


Attorney(s) appearing for the Case

Margaret E. Haessler and Steven S. Hoth of Hoth, Ellerhoff and Haessler Law Offices, Burlington, for appellants.

William H. Napier and Douglas H. Napier of Napier, Wolf & Napier, Fort Madison, for appellees.

Considered by LARSON, P.J., and LAVORATO, SNELL, TERNUS, and CADY, JJ.


TERNUS, Justice.

The plaintiffs challenge the trial court's posttrial ruling setting aside a jury verdict in plaintiffs' favor on a negligent misrepresentation theory, and granting a new trial to the individual defendants on the plaintiffs' contract claim. The plaintiffs claim the ground upon which the court based its decision to set aside the negligent misrepresentation verdict was raised for the first time in the defendants' posttrial motion. Therefore, the plaintiffs...

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