FOSTER v. SCHWICKERATH

No. 09-0797.

780 N.W.2d 746 (2009)

Brian FOSTER, Plaintiff-Appellee, v. Curtis SCHWICKERATH, Defendant-Appellant.

Court of Appeals of Iowa.

December 30, 2009.


Attorney(s) appearing for the Case

Nathaniel W. Schwickerath of Schwickerath, P.C., New Hampton, for appellant.

Joseph P. Braun of Elwood, O'Donohoe, Braun & White, L.L.P., Cresco, for appellee.

Considered by SACKETT, C.J., and VAITHESWARAN and DANILSON, JJ.


DANILSON, J.

This case involves the efficacy of a notice to terminate a farm lease under Iowa Code section 562.5 (2007). On or about April 24, 2006, plaintiff Brian Foster and defendant Curtis Schwickerath entered into a written farm lease, under which Foster leased approximately 252 acres of farmland in Howard County to Schwickerath. Although the lease term was identified as one year, Schwickerath continued to lease the land during the 2007 and 2008 crop years. On...

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