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TOP OF IOWA CO-OP. v. SIME FARMS, INC.

No. 98-1166.

608 N.W.2d 454 (2000)

TOP OF IOWA COOPERATIVE, an Iowa Corporation, Appellee, v. SIME FARMS, INC., Appellant.

Supreme Court of Iowa.

March 22, 2000.

Attorney(s) appearing for the Case

Glenn L. Norris, George F. Davison, and David N. May of Hawkins & Norris, Des Moines, for appellant.

Richard K. Updegraff, Sean P. Moore, and Miranda L. Hughes of Brown, Winick, Graves, Gross, Baskerville, and Schoenebaum, P.L.C., Des Moines, for appellee.

Considered en banc.

TERNUS, Justice.

The appellee, Top of Iowa Cooperative, sued the appellant, Sime Farms, Inc., for damages arising out of Sime Farms' failure to deliver corn under four hedge-to-arrive (HTA) contracts. Sime Farms claimed that the contracts were illegal and that, in any event, the Coop had repudiated the contract by making an unreasonable demand for assurances. A jury found in favor of the Coop and awarded damages against Sime Farms. We affirm.

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