For summaries from opinions prior to August, 2018, view PDF versions here.
Larry L. Heishman and James D. Heishman
v.
Farm Credit Services of America, PCA
Appellant
Larry L. Heishman and James D. Heishman
Appellee
Farm Credit Services of America, PCA
Attorney for the Appellant
John G. Daufeldt
Attorneys for the Appellee
Thomas H. Burke
Johannes H. Moorlach
Peter J. Chalik
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Poweshiek County, David Nelmark, Judge. AFFIRMED. Heard by Greer, P.J., and Ahlers and Badding, JJ. Opinion by Ahlers, J. (8 pages)
Farmers claim a waiver contained in a restructuring agreement with their former financial lender is not enforceable because they entered into the agreement under economic duress. OPINION HOLDS: The record does not establish a fact question as to whether the farmers involuntarily accepted the terms of the restructuring agreement. As a result, the farmers cannot claim economic duress to avoid application of the waiver provision contained in the agreement.
