WALSH v. NELSON

No. 98-2111.

622 N.W.2d 499 (2001)

James WALSH Jr., Appellant, v. Donna NELSON and Verner Nelson d/b/a River Plaza Building, Appellees.

Supreme Court of Iowa.

February 14, 2001.


Attorney(s) appearing for the Case

Max E. Kirk of Ball, Kirk & Holm, P.C., Waterloo, for appellant.

David L. Riley of Yagla, McCoy & Riley, P.L.C., Waterloo, for appellees.

Considered en banc.


NEUMAN, Justice.

This is a declaratory judgment action to determine the parties' rights under a commercial lease. The district court held that the lease gave the lessee a one-time opportunity for early termination, an opportunity he missed. But it also ruled that rent had been overpaid. Both the lessee and the lessors appealed and we transferred the case to the court of appeals. That court reversed the district court on the law, finding the lease ambiguous. It then...

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