Bauer v. Curran

LARSON, Justice.

This is an action for conversion. The narrow issue raised on appeal is whether the trial court erred in submitting to the jury the question of whether a farmer who sold cattle in which he had only a lessee’s interest was a “merchant” within the meaning of Iowa Code section 554.-2403(2) (1983) (providing merchant in possession of property has power to transfer ownership to buyer in the ordinary course of business). We conclude the issue was one of fact, not of law, and that it was properly submitted to the jury.

The facts may be briefly stated. In the spring of 1979, Carl…