Legal Opinion

Virgil Johnson and Virgil Johnson Trucking v. Associated Milk Producers, Inc.

Supreme Court of Iowa

Decided October 14, 2016No. 15–0105PublishedCited by 12 opinions

1Opinion of the Court

WATERMAN, Justice.

In this appeal, we must decide which rule of contract law applies to resolve a standoff over a change in hauling fees paid by a dairy cooperative to an independent contractor who transported; milk from farms to the co-op’s facilities. The parties agree their oral contract could be terminated at will by either side upon reasonable notice. The co-op notified the hauler it would be phasing out a $100 trip fee it had been paying to the hauler in addition to agreed hauling rate. The hauler objected, but continued to transport milk and bill the co-op for the trip fees. The co-op…

2Cases cited36 opinions

  1. Hathaway v. General Mills, Inc.Texas Supreme Court · 1986
  2. Mark Peak v. Ellis Adams and Rachel AdamsSupreme Court of Iowa · 2011
  3. Care Travel Company, Ltd. v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1991
  4. Phillip E. Jones v. University of Iowa the Board of Regents for the State of Iowa Sally Mason, President of the University of Iowa and Individually and the Stolar Partnership, LLPSupreme Court of Iowa · 2013
  5. Phillips v. Covenant ClinicSupreme Court of Iowa · 2001

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3Cited by12 opinions

  1. 33 Carpenters Construction, Inc. v. The Cincinnati Insurance CompanyCourt of Appeals of Iowa · 2019
  2. Chipokas, L.L.C. v. Casey's Marketing CompanyCourt of Appeals of Iowa · 2020
  3. Dean Fuller v. Brookdale Senior Living Communities, Inc., and Brookdale Employee Services, LLCDistrict Court, D. Idaho · 2026
  4. Eva Cornell v. Desert Financial Credit UnionArizona Supreme Court · 2023
  5. In The Matter of the Medical Assistance Pooled Special Needs Trust of Steven MullerSupreme Court of Iowa · 2023

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