Charles E. McBeth and Janet M. McBeth, Individually and as Trustees of the Charles E. McBeth and Janet M. McBeth Revocable Trust, dated September 13, 2012
v.
Carolyn McBeth
Appellee
Charles E. McBeth and Janet M. McBeth, Individually and as Trustees of the Charles E. McBeth and Janet M. McBeth Revocable Trust, dated September 13, 2012
Appellant
Carolyn McBeth
Attorney for the Appellee
Dustin D. Hite and Randy S. DeGeest
Attorney for the Appellant
Matthew J. Adam and Chad D. Brakhahn
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Shawn R. Showers, Judge. AFFIRMED ON APPEAL; AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON CROSS-APPEAL. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Doyle, J. (11 pages)
Carolyn McBeth appeals the district court’s ruling in favor of Charles and Janet McBeth on their breach-of-contract claim, and Charles and Janet McBeth cross-appeal the adverse rulings in a replevin action. OPINION HOLDS: I. Because clear and convincing evidence shows the parties agreed to new lease terms prior to the 2014 crop year, we affirm the finding that Charles and Janet are entitled to $388,756.50 in damages on their breach-of-contract claim. II. The uncontroverted evidence establishes Charles’s ownership in the farm equipment listed in his replevin petition and the equipment listed in Carolyn’s counterclaim. We reverse the portion of the district court’s order denying Charles’s replevin claim and remand to the district court to issue a writ of replevin for the seven items listed in the petition and contested on appeal or an order in replevin entering judgment against Carolyn for the value of the equipment. Since not contested on appeal, that portion of the court’s order ordering the return to Charles of the John Deere 4440 tractor and the 2007 Caterpillar D6G bulldozer is affirmed. We also reverse the portion of the court’s order finding in favor of Carolyn on her counterclaim and remove the $45,000 credit against the breach-of-contract judgment.
