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Case No. 19-2084

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

Junk Brothers Land and Cattle
v.
Buchanan County, Iowa

Appellant

Junk Brothers Land and Cattle

Appellee

Buchanan County, Iowa

Attorney for the Appellant

James T. Peters and R.J. Longmuir

Attorney for the Appellee

Daniel G. Clouse

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-2084
Date Published:
Sep 02, 2020
Summary

            Appeal from the Iowa District Court for Buchanan County, Bradley J. Harris, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Mullins and Ahlers, JJ.  Opinion by Ahlers, J.  (6 pages)

            Junk Brothers Land and Cattle (Junk Brothers) appeals the district court ruling dismissing its petition for breach of contract and entering judgment on Buchanan County’s counterclaim for breach of contract regarding a lease to pasture land entered by the parties.  On appeal, Junk Brothers argues the lease was voidable because there was no meeting of the minds between it and the county due to a mutual mistake as to the condition of the fence when the lease was signed.  OPINION HOLDS: We do not reach the merits of this argument because we find two issues alluded to in the district court’s ruling, but not addressed in the parties’ briefs, are dispositive, namely error preservation and judicial estoppel against inconsistent positions. We affirm.

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