Mosinski Enterprises, LLC
v.
Star Auto Company, Inc
Appellee
Mosinski Enterprises, LLC
Appellant
Star Auto Company, Inc
Attorney for the Appellee
Lucas C. Helling
Attorney for the Appellant
Joel Waters
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Jefferson County, Myron Gookin, Judge. AFFIRMED. Considered by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. (7 pages).
Star Auto Company, Inc. (Star Auto) appeals from a breach-of-contract action wherein damages were awarded to Mosinski Enterprises, LLC (Mosinski) based on Star Auto’s failure to competently rebuild Mosinski’s truck engine. Star Auto argues the district court erred by finding it repudiated the contract with Mosinski and in finding that Mosinski did not breach the warranty by altering the engine’s settings. OPINION HOLDS: Substantial evidence supports the finding that Star Auto’s repudiation was definite and unequivocal and that Mosinski did not breach the terms of the warranty prior to Star Auto’s repudiation. Accordingly, we affirm the district court’s entry of judgment in favor of Mosinski.
