Ryan Companies US, Inc.
v.
FDP WTC, LLC
Appellee
Ryan Companies US, Inc.
Appellant
FDP WTC, LLC
Attorneys for the Appellee
Stephen D. Marson
Bradley D. Fisher and Brian D. Steffes
Attorney for the Appellant
Philip S. Bubb and Brandon R. Underwood
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, George L. Stigler, Judge. AFFIRMED. Considered by Doyle, P.J., and Mullins and Greer, JJ. Opinion by Mullins, J. (4 pages)
A defendant appeals following an adverse ruling on a motion for partial summary judgment in favor of a plaintiff under one contract, arguing it should be entitled to setting off of damages among claims across three contracts. OPINION HOLDS: Upon our plain reading of the contract, we find no contractual agreement to setting off of claims and counterclaims across the three contracts. As such, set off is prohibited by Iowa Rule of Civil Procedure 1.957. We affirm entry of judgment in favor of the plaintiff.
