Meyer v. Nottger

REES, Justice.

Plaintiff appeals from trial court’s order sustaining defendant’s motion for summary judgment, dismissing plaintiff’s petition and entering judgment for defendant. We reverse and remand for further proceedings.

At the time of commencement of the instant action plaintiff Lloyd W. Meyer [hereafter Meyer] was a resident of Eagle Grove. Defendant LeRoy Nottger [hereinafter Nottger] operated the Nottger Funeral Home in Cedar Falls. The action arose out of the performance by Nottger of funeral services following the death of Meyer’s father.

The original petition was filed May 3, 1972,…