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Case No. 19-0875

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

Al Poller and Deb Poller
v.
Okoboji Classic Cars, LLC

Plaintiffs in action alleging breach of contract and consumer fraud in connection with restoration work performed on an antique automobile appealed from a judgment entered for defendant following a bench trial. Plaintiffs contended the district court erred by failing to find defendant committed a consumer fraud by violating several provisions of the Motor Vehicle Service Trade Practices Act, Iowa Code chapter 537B, and erred by finding plaintiffs breached the parties’ contract. The court of appeals affirmed the district court judgment. Plaintiffs seek further review.

County:
Dickinson

Applicants

Al Poller and Deb Poller

Resister

Okoboji Classic Cars, LLC

Attorneys for Applicants

Matthew G. Sease
Kylie E. Crawford

Attorneys for Resister

Jordan M. Talsma

Supreme Court

Oral Argument Schedule

15-15-5

Mar 23, 2021 1:30 PM

Briefs

Supreme Court Opinion

Opinion Number:
19-0875
Date Published:
Jun 04, 2021
Date Amended:
Aug 06, 2021

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0875
Date Published:
Aug 19, 2020
Summary

            Appeal from the Iowa District Court for Dickinson County, Don E. Courtney, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Per Curiam. Special concurrence by Vaitheswaran, P.J. (16 pages)

            Al and Deb Poller appeal the decision of the district court, arguing that the district court erred in (1) refusing to find violations of Iowa Code chapter 537B (2016) and (2) concluding Okoboji Classic Cars, LLC (OCC) proved its breach-of-contract claim.  OPINION HOLDS: Assuming without deciding that chapter 537B applies, we need not decide whether OCC violated the chapter because the Pollers did not establish that they sustained actual damages.  Further, the Pollers remain liable on the breach-of-contract claim.  SPECIAL CONCURRENCE ASSERTS: I would find chapter 537B applies to OCC and OCC violated the provision requiring OCC to provide an estimate upon request, but I agree the Pollers did not prove actual damages resulting from the violations, and I agree with the disposition of the breach-of-contract counterclaim.

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