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Case No. 17-1690

Quality Egg, LLC
v.
Hickman's Egg Ranch, Inc.

Appellant

Quality Egg, LLC

Appellee

Hickman's Egg Ranch, Inc.

Attorneys for Appellant

G.A. Cady III and Megan R. Rosenberg

Attorneys for Appellee

Robert Malloy and Justin L. Sullivan

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1690
Date Published:
Feb 20, 2019
Summary

            Appeal from the Iowa District Court for Wright County, Christopher C. Foy, Judge.  REVERSED AND REMANDED.  Heard by Vogel, C.J., Vaitheswaran, J., and Danilson, S.J.  Opinion by Vogel, C.J.  (9 pages)

            In 2002, Quality Egg, LLC (Quality Egg), entered into an oral contract with Hickman’s Egg Ranch, Inc. (Hickman’s) to sell eggs.  In April 2008, Quality Egg received a check from Hickman’s that it determined was “short pay.”  In March 2014, Quality Egg brought suit against Hickman’s, asserting Hickman’s was due and owing upon an open account.  Hickman’s responded by asserting various defenses.  After a 2017 trial, the jury returned a verdict against Quality Egg’s claim, and Quality Egg appeals.  OPINION HOLDS: We conclude the jury instructions were insufficient.  Because Quality Egg pled and presented its case-in-chief seeking a judgment on an open account, the lack of instructions to the jury on this claim is reversible error.  Therefore, we reverse and remand for a new trial limited to Quality Egg’s open-account claim.

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