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Scheer Agri-Enterprises, Inc.
v.
Ledger Swine Farms, Inc.
Appellant
Scheer Agri-Enterprises, Inc.
Appellee
Ledger Swine Farms, Inc.
Attorney for the Appellant
Steven P. Wandro and Benjamin G. Arato
Attorney for the Appellee
William H. Roemerman
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Iowa County, Patrick R. Grady, Judge. REVERSED AND REMANDED. Heard by Bower, C.J., and Vaitheswaran and Greer, JJ. Opinion by Bower, C.J. Concurrence in part and dissent in part by Greer, J. (22 pages)
Scheer Agri-Enterprises, Inc. (Scheer) sued Ledger Swine Farms, Inc. (Ledger) related to the purchase of a group of pigs, which were infected with a highly contagious disease. The district court entered summary judgment for Ledger based on the terms of a written contract. Scheer appeals, asserting the court erred in concluding the parties did not have a valid and enforceable oral contract and that Scheer could not recover under a theory of negligence. OPINION HOLDS: Because genuine issues of material fact remain, the district court erred in granting summary judgment to Ledger. PARTIAL DISSENT ASSERTS: I agree with the majority that we should reverse the district court summary judgment ruling on the oral contract claim. But because the Genetic Stock Agreement trumps all other claims asserted by Scheer, I would grant summary judgment on all of the other claims and find Scheer bound by the contract he signed in all other respects.