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HANSEN-MUELLER CO. v. GAU

No. 12-2290.

838 N.W.2d 138 (2013)

HANSEN-MUELLER CO., Plaintiff-Appellant, v. Scott GAU, Defendant-Appellee. Scott Gau, Counterclaimant, v. Hansen-Mueller Co., Defendant to Counterclaim.

Court of Appeals of Iowa.

August 21, 2013.

Attorney(s) appearing for the Case

Andrew Collins of Erickson & Sederstrom, Omaha, Nebraska, for appellant.

Robert Livingston of Stuart Tinley Law Firm LLP, Council Bluffs, for appellee.

Considered by VOGEL, P.J., and DANILSON and TABOR, JJ.

TABOR, J.

The threat of Missouri River flooding during the spring and summer of 2011 prevented grain-dealer Hansen-Mueller from accepting farmer Scott Gau's corn at its Council Bluffs elevator during the delivery time specified in the contract. Hansen-Mueller refused Gau's offer to deliver the corn to an alternative location. When Gau cancelled the contract, Hansen-Mueller sued for damages. The district court granted Gau's motion for partial summary judgment. Hansen...

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