Seastrom, Inc. v. Amick Construction Co., Inc.

Defendant-appellant Seastrom appeals from an award of $56,202.98 to plaintiff-appellee Amick as a rebate of rental payments.

The essence of the primary issue raised by Seastrom is that the evidence is insufficient to support the judgment. We agree and accordingly reverse.

The facts show that Amick, a highway construction contractor, could not obtain asphalt at a profitable price. He approached Seastrom, who was in the heavy equipment leasing and selling business, about obtaining an asphalt plant. Amick and Seastrom met with a representative of an Iowa company which manufactured asphalt plants.…