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HOG HEAVEN CORP. v. MIDLAND FARM

No. 85-217.

380 N.W.2d 756 (1985)

HOG HEAVEN CORPORATION, Plaintiff-Appellant, v. MIDLAND FARM MANAGEMENT COMPANY, Defendant-Appellee.

Court of Appeals of Iowa.

November 26, 1985.

Attorney(s) appearing for the Case

James W. Hall, of Hall & Irvine, Cedar Rapids, and Lorraine K. Snead, of Lane & Snead, Cedar Rapids, for plaintiff-appellant.

James F. Pickens, of Pickens, Barnes & Abernathy, Cedar Rapids, and James L. Wagner, of Gartelos, Wagner & Mattson, Waterloo, for defendant-appellee.

Considered by DONIELSON, P.J., and HAYDEN and SACKETT, JJ.

DONIELSON, Presiding Judge.

The plaintiff corporation, Hog Heaven, brought a suit alleging breach of contract. The contract was signed by Hog Heaven's promoter and incorporator, acting as the president of Hog Heaven; however, at the time the contract was signed, Hog Heaven's articles of incorporation had not yet been filed.

The defendant was granted a summary judgment on the ground Hog Heaven lacked capacity to...

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