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Case No. 19-0031

For summaries from opinions prior to August, 2018, view PDF versions here

Slashfrog, LLC d/b/a All Day Homes
v.
Ethan Quick and Jordan Quick

Appellant

Slashfrog, LLC d/b/a All Day Homes

Appellee

Ethan Quick and Jordan Quick

Attorneys for Appellant

S.P. DeVolder

Attorneys for Appellee

Michael J. Streit and Louis R. Hockenberg

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0031
Date Published:
Nov 27, 2019
Summary

            Appeal from the Iowa District Court for Polk County, Robert A. Hutchison, Judge.  AFFIRMED ON APPEAL; AFFIRMED AS MODIFIED ON CROSS-APPEAL.  Considered by Potterfield, P.J., and Mullins and Greer, JJ.  Opinion by Greer, J.  (13 pages)

            Slashfrog, LLC appeals and Ethan and Jordan Quick cross-appeal from the rulings of the district court related to the contract terms and resulting breaches.  On appeal, Slashfrog argues the court erred in finding it breached the contract and in excluding most of its damages evidence as speculative.  On cross-appeal, Quicks contend the court erred in finding the contract was not unconscionable and in finding they also breached the contract.  OPINION HOLDS: We find no error in granting summary judgment for Slashfrog on Quicks’ unconscionability claim and in finding Slashfrog breached the contract.  However, we find Quicks substantially performed their obligations under the contract and award them the earnest money.  Because of its cancellation of the contract, we do not reach Slashfrog’s arguments about its damages.  We thus affirm the rulings of the district court with some modification.

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