Van Otegham Dairy Partnership
v.
Spahn & Rose Lumber Company
Appellant
Van Otegham Dairy Partnership
Appellee
Spahn & Rose Lumber Company
Attorney for the Appellant
Steve Eckley
Attorney for the Appellee
Kevin J. Caster, Jaime C. Watts, and Eric P. Martin
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Iowa County, Justin Lightfoot, Judge. REVERSED AND REMANDED. Considered without oral argument by Tabor, C.J., and Ahlers and Sandy, JJ. Opinion by Sandy, J. (9 pages)
Van Otegham Dairy Partnership (VODP) appeals from the district court’s ruling granting Spahn & Rose Lumber Company’s (S&R) motion for summary judgment, arguing the district court erred (1) “in concluding that boilerplate fine print disclaiming responsibility for materials selection nullified S&R’s” (a) “express warranty to complete a workmanlike barn” and (b) “express agreement to design and build a dairy barn of good quality” and (2) “because [the district court’s] interpretation of the materials disclaimer violated the doctrine of expectations.” OPINION HOLDS: We reverse the district court’s ruling granting summary judgment as to counts one and four of VODP’s amended petition, and remand for further proceedings. Because we can decide this appeal on VODP’s primary arguments, we need not address whether the contract was a contract of adhesion subject to the doctrine of reasonable expectations.
