Steen and Berg Co. v. Berg

[¶ 20] I respectfully dissent because the non-claim statute does not apply to the stockholder’s agreement (“Agreement”). I would affirm the District Court’s conclusion on that issue but would remand for trial because of material issues of disputed fact regarding availability of the specific performance remedy and regarding the amount due under the Agreement.

[¶ 21] The estate argues the non-claim statute applies and that judicial decisions from other jurisdictions support the position. See Wunschel v. Ida Holding Co., Inc., 407 N.W.2d 341 (Iowa 1987); Estate of Penzenik v. Penz Prods., Inc.,…