Estate of John K. Freiburger
v.
Phil Mausser
Appellee
Estate of John K. Freiburger
Appellant
Phil Mausser
Attorney for the Appellee
Jordan H. Fox
Attorney for the Appellant
Alyssa M. Carlson
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. Considered without oral argument by Greer, P.J., and Badding and Chicchelly, JJ. Opinion by Badding, J. (14 pages)
Phil Mausser appeals a bench trial ruling finding him liable for unjust enrichment for unpaid hay deliveries. On appeal, Mausser challenges the admission of scale tickets alleged to show the quantity of hay delivered. He also challenges the sufficiency of the evidence supporting the court’s award. OPINION HOLDS: We reject the evidentiary challenge but grant partial relief on the merits following our de novo review. While we agree with the district court’s award as to some of the hay deliveries, the evidence linking other loads to Mausser is too conjectural to hold him liable. We accordingly vacate the judgment against Mausser for those loads and remand for entry of a corrected judgment.
