Legal Opinion · Concurring in part, dissenting in part

Moser v. Thorp Sales Corp.

Supreme Court of Iowa

Decided November 25, 1981No. 61995Published

1Concurring in part, dissenting in partReynoldson, Chief Justice

In this long-lasting legal war several parties were injured, but a major casualty was the Clayton County farm. The wholly believable evidence in this case shows that with proper care it may recover in about fifty years.

Although this record reflects they were careless farmers, defendants Schmitts farmed this 285-acre tract only in “patches” and rotated crops.1 In fact, the weeds they tolerated on the farm diminished the risk of soil loss. There was little evidence of erosion when they left the farm.

Defendants Woods took over this property in March 1975, under a contract containing a special…

2Cases cited17 opinions

  1. Sierra Club v. MortonSupreme Court of the United States · 1972
  2. Oak Leaf Country Club, Inc. v. WilsonSupreme Court of Iowa · 1977
  3. Harvey v. Mason City & Fort Dodge RailroadSupreme Court of Iowa · 1906
  4. Hulse v. WifvatSupreme Court of Iowa · 1981
  5. Benschoter v. HakesSupreme Court of Iowa · 1943

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