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ANITA VALLEY, INC. v. BINGLEY

No. 62016.

279 N.W.2d 37 (1979)

ANITA VALLEY, INC., Appellant, v. Park E. BINGLEY, d/b/a Bingley Auction Company, Appellee.

Supreme Court of Iowa.

May 30, 1979.

Attorney(s) appearing for the Case

Harry T. Watts and Ronald L. Anderson of Dickinson, Throckmorton, Parker, Mannheimer & Raife, Des Moines, for appellant.

James A. Giles and Robert M. Holliday of Wasker, Sullivan & Ward, Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and UHLENHOPP, McCORMICK, ALLBEE, and McGIVERIN, JJ.

ALLBEE, Justice.

This is an appeal from the grant of a summary judgment in favor of defendant, Park E. Bingley, doing business as Bingley Auction Company. Plaintiff, Anita Valley, Inc., is attempting to recoup funds paid to Bingley for the purpose of purchasing cattle which were never delivered.

At the time of the transaction in question, Anita Valley was owned by four stockholders: Gene Bessire, a veterinarian who served as the corporation's president; Joyce...

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