Mark Benson d/b/a Benson Border Materials
v.
Boyle Built Enterprises, L.L.C. and Andrew Boyle
Appellant
Mark Benson d/b/a Benson Border Materials
Appellee
Boyle Built Enterprises, L.L.C. and Andrew Boyle
Attorney for the Appellant
Bryan J. Goldsmith
Attorney for the Appellee
Kevin J. Caster
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Van Buren County, Crystal S. Cronk, Judge. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED ON APPEAL; AFFIRMED ON CROSS-APPEAL. Heard by May, P.J., and Greer and Schumacher, JJ. (26 pages)
The parties to a contract for the sale of a railroad tie removal business appeal and cross-appeal from a district court ruling. OPINION HOLDS: I. Finding no error in the district court’s determination on the contract breach, we affirm. We find under the oral amendments, Benson should be awarded $5000, representing payment for the used high-rail gear. We remand for modification of the judgment in Benson’s favor on appeal. II. We find no error in the district court’s dismissal of the defendants’ counterclaim and affirm on cross-appeal.
