Thomas v. Grooms & Co. Construction

HABHAB, Judge.

Appellant appeals the district court’s decision denying it judgment on its counterclaim. We affirm.

Prior to 1977 Charles and Margaret Thomas owned a house in Albia. In 1977 they decided to move to Ottumwa and by written agreement hired Grooms & Co. Construction, Inc., to build them a house there. By an amendment to the original agreement, Grooms agreed to accept as partial payment the equity of the Thomas-es’ Albia house. However, this amended agreement was never notarized or recorded. The Albia house was encumbered by several mortgages. The record is silent as to what happened…