Keppy v. Lilienthal

524 N.W.2d 436, 1994 Iowa App. LEXIS 109, 1994 WL 659168
CourtCourt of Appeals of Iowa
DecidedSeptember 16, 1994
Docket92-1960
StatusPublished
Cited by5 cases

This text of 524 N.W.2d 436 (Keppy v. Lilienthal) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Keppy v. Lilienthal, 524 N.W.2d 436, 1994 Iowa App. LEXIS 109, 1994 WL 659168 (iowactapp 1994).

Opinion

HABHAB, Judge.

In 1991, the plaintiff, Mary Keppy, and the defendants, Jim and Robert Lilienthal, entered into agreements concerning a feeder pig operation to be run by Keppy on a farm owned by Merle Turkle. None of the agreements were ever reduced to writing, and the parties disagree on many of the terms.

Keppy’s trial testimony revealed the Lil-ienthals entered into discussions with her to revitalize their pig herd which had been ravaged by pseudo-rabies. Keppy stated the Lilienthals were to lease sows and boars to Keppy to replenish their herd, and from the sale of the offspring the Lilienthals were to receive forty-five percent of the proceeds, she was to receive thirty-six percent, and nineteen percent was to be used to pay for the feed.

Keppy was to provide the animal husbandry to properly breed and feed the pigs and care for them until sale. She was also to provide the place for raising the pigs, on Turkle’s farm, and to provide utilities for the confinement facility. Keppy was also to pay all veterinary costs.

According to Keppy’s version of the agreement, the Lilienthals were to deliver forty gilts per month. The Lilienthals testified they believed they were entering into a contract with Turkle, not Keppy.

At the outset, the Lilienthals provided Nu-trina Feeds to the confinement facility. However, sometime in December 1991, the Lilienthals entered into a financial arrangement with Wayne Feeds in order to obtain financing for their cattle operation. They agreed to purchase all of their feed needs for both their cattle and hog operations from Wayne Feeds.

In January 1992, Keppy began to experience mortality problems with the baby pigs and scouring problems in general. Through the process of elimination and after discussions with the veterinarian, she determined the problem was with the feed. Keppy requested a “feed explosion” report from Wayne Feeds. She wanted to know the percentage of nutrients and medication in the feed that was being delivered. Wayne Feeds refused to provide this information.

In March 1992, Keppy decided to switch feed suppliers from Wayne Feeds to Dixon Feeds. Keppy claimed she switched the feed because the Lilienthals failed to provide the “best feed” as per the agreement. The Lil-ienthals testified that when they found out Keppy had switched feed suppliers, they informed Keppy and Turkle the agreement had been terminated. They further testified that Keppy had sold a number of hogs in violation of their agreement, and Keppy owed them $4143.35.

Keppy claims the Lilienthals knew she was selling hogs as early as November 1991, and she had offered them their share of the proceeds, but was told she should keep the proceeds to pay utilities. The Lilienthals testified that when they went to the Turkle farm to repossess the hogs, they were met by the county sheriff and told no breeding stock of feeder pigs could leave the premises.

On March 26, 1992, Keppy filed a petition for injunction, requesting the Lilienthals be *438 enjoined from removing the hogs from the farm. Keppy also claimed the Lilienthals had increased the risk of exposing the hogs to further danger based on their inspection practices. Keppy also claimed the Lilien-thals had called numerous feed suppliers and informed them they were not going to pay for any feed for the operation.

It is the merits of the counterclaim that are before us on appeal. The Lilienthals denied Keppy’s allegations, and filed a counterclaim, requesting a writ of replevin confirming their right to possession of all the property on the Turkle farm relating to the feeder operation.

Following a hearing on the counterclaim, the district court ruled that although there was no written document, there appeared to be an agreement between Keppy and the Lilienthals, and Keppy was to provide the animal husbandry necessary to raise the hogs. The district court further found Kep-py had the authority to change the source of the feed based on the long history of the operation. The district court further opined that Keppy did not breach the contract by selling the hogs and changing the feed.

The court determined the Lilienthals had first breached the contract by changing the source of the feed to Wayne Feeds. The court reasoned Keppy changed the source of the feed to Dixon Feeds in order to protect both her investment and that of the Lilien-thals, due to the high mortality rate of the hogs. The district court additionally ruled that Keppy sold the hogs in order to make certain the feed order would be paid for. The district court held that Keppy had a herders’ lien upon the hogs pursuant to Iowa Code section 579.1 (1991). The Lilienthals have appealed. We affirm.

I. Scope of review. Our review in this case is for corrections of errors at law.

An action for replevin shall be by ordinary proceedings. Iowa Code section 643.2 (1991). The scope of review is at law and findings of fact shall have the effect of a special verdict. Iowa R.App.P. 4. When a replevin action is tried to a court without a jury, the findings of fact have the force of a jury verdict and are binding upon the reviewing court if based upon substantial evidence. Ritchie v. Hilmer, 251 Iowa 1002, 103 N.W.2d 858, 859 (1960).

We construe the trial court’s findings broadly and liberally. Grinnell Mut. Reins. Co. v. Voeltz, 431 N.W.2d 783, 785 (Iowa 1988). In case of doubt or ambiguity we construe the findings to uphold, rather than defeat, the district court’s judgment. Id. We are prohibited from weighing the evidence or the credibility of the witnesses. Id.

A finding of fact is supported by substantial evidence if the finding may be reasonably inferred from the evidence. In evaluating sufficiency of the evidence, we view it in its light most favorable to sustaining the court’s judgment. We need only consider evidence favorable to the judgment, whether or not it was contradicted.

Briggs Transp., Co. v. Starr Sales Co., 262 N.W.2d 805, 808 (Iowa 1978).

“Evidence is substantial or sufficient when a reasonable mind could accept it as adequate to reach the same findings.” Waukon Auto Supply v. Farmers & Merchants Sav. Bank, 440 N.W.2d 844, 846 (Iowa 1989) (citation omitted). Evidence is not insubstantial merely because it could support contrary inferences. Grinnell Mut. Reins. Co., 431 N.W.2d at 785 (citation omitted).

With these principles in mind, we turn to the issues raised on appeal.

II. Mootness. Keppy argues this appeal should be dismissed due to mootness since the sows have now been returned to Lilienthals and the pig offspring have been sold. “In general, an action is moot if it no longer presents a justiciable controversy because the issues involved have become academic or nonexistent.” Buchhop v. General Growth Properties,

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524 N.W.2d 436, 1994 Iowa App. LEXIS 109, 1994 WL 659168, Counsel Stack Legal Research, https://law.counselstack.com/opinion/keppy-v-lilienthal-iowactapp-1994.