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Case No. 18-0173

Tim Kruse and Russell Bries d/b/a Kruse "N" Bries Construction
Don Krumwiede and Molly Krumwiede


Tim Kruse and Russell Bries d/b/a Kruse "N" Bries Construction


Don Krumwiede and Molly Krumwiede

Attorney for the Appellant

Jeffrey E. Clements

Attorney for the Appellee

Laura J. Parrish

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 20, 2019

            Appeal from the Iowa District Court for Allamakee County, John J. Bauercamper, Judge.  AFFIRMED.  Considered by Potterfield, P.J., Doyle, J., and Danilson, S.J.  Opinion by Potterfield, P.J.  (10 pages)

            The plaintiffs, Tim Kruse and Russell Bries, who do business as Kruse “N” Bries Contruction, were hired by Don and Molly Krumwiede to build and finish the Krumwiede’s new home.  The plaintiffs filed suit against the Krumwiedes for breach of contract and promissory estoppel or unjust enrichment, maintaining they performed construction services pursuant to written and verbal contracts and the Krumwiedes failed to compensate them fully.  The district court denied the plaintiffs’ claim, finding they failed to prove their case.  On appeal, the plaintiffs claim the district court “was incorrect in the conclusions of law necessary for plaintiffs to establish their cause of action.”  OPINION HOLDS: Because Kruse and Bries did not meet their burden to prove the Krumwiedes breached the contract, and because a claim of breach of implied contract cannot coexist with a claimed breach of express contract on the same subject matter, we affirm the district court’s denial of the plaintiffs’ suit.

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