Junk Brothers Land and Cattle
v.
Buchanan County, Iowa
Appellant
Junk Brothers Land and Cattle
Appellee
Buchanan County, Iowa
Attorney for the Appellant
James T. Peters and R.J. Longmuir
Attorney for the Appellee
Daniel G. Clouse
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge. AFFIRMED. Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ. Opinion by Ahlers, J. (6 pages)
Junk Brothers Land and Cattle (Junk Brothers) appeals the district court ruling dismissing its petition for breach of contract and entering judgment on Buchanan County’s counterclaim for breach of contract regarding a lease to pasture land entered by the parties. On appeal, Junk Brothers argues the lease was voidable because there was no meeting of the minds between it and the county due to a mutual mistake as to the condition of the fence when the lease was signed. OPINION HOLDS: We do not reach the merits of this argument because we find two issues alluded to in the district court’s ruling, but not addressed in the parties’ briefs, are dispositive, namely error preservation and judicial estoppel against inconsistent positions. We affirm.
