RISKEN v. CLAYMAN

No. 85-541.

398 N.W.2d 833 (1987)

Louis K. RISKEN, Appellant, v. Abe D. CLAYMAN and Joseph Hyman, Trustees of the Betty Clayman Trust, Appellees.

Supreme Court of Iowa.

January 14, 1987.


Attorney(s) appearing for the Case

Gerald B. Feuerhelm, Des Moines, for appellant.

Paul A. Zoss and Lori L. Koop of Adams, Howe & Zoss, P.C., Des Moines, and James G. Prescott, Iowa City, for appellees.

Considered by McGIVERIN, P.J., and LARSON, SCHULTZ, CARTER and NEUMAN, JJ.


McGIVERIN, Justice.

The ultimate question in this declaratory judgment action is who, as between a contract vendor and an assignee of the vendee, is entitled to the insurance proceeds from a fire loss that preceded forfeiture of the real estate contract. On this record, we conclude the latter should prevail.

Plaintiff Louis Risken, assignee of the vendee, appealed from a district court ruling that the issue in the present action had been decided in a prior...

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