Vill. Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551 (Iowa 1981). · Go Syfert
Vill. Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551 (Iowa 1981). Cases Citing This Book View Copy Cite
60 citation events (21 in the last 25 years) across 11 distinct courts.
Strongest positive: Rita McNeal and Cliff McNeal v. Wapello County, Wapello County Board of Supervisors (iowactapp, 2022-04-13)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 29 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Rita McNeal and Cliff McNeal v. Wapello County, Wapello County Board of Supervisors
Iowa Ct. App. · 2022 · quote attribution · 1 verbatim quote · confidence high
the practical construction placed on an agreement by the parties will be given effect.
discussed Cited as authority (verbatim quote) Clusiau v. Clusiau Enterprises, Inc.
Ariz. Ct. App. · 2010 · signal: see · quote attribution · 1 verbatim quote · confidence high
giving preclusive effect to small claims adjudications in subsequent regular district court trials would be inconsistent with maintaining the simplicity and informality of small claims procedures.
discussed Cited as authority (verbatim quote) Kroblin v. RDR Motels, Inc.
Iowa · 1984 · signal: see also · quote attribution · 1 verbatim quote · confidence high
the practical construction placed on an agreement by the parties will be given effect.
cited Cited as authority (rule) Steven Schueller v. Allison Gillies and Stone Hill Community Association
Iowa Ct. App. · 2021 · confidence medium
We note, however, that under Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981), a small claims adjudication cannot provide a basis for issue preclusion.
discussed Cited as authority (rule) Estate of Joshua Naeve, By Its Administrators, Thad Neave and Nancye Naeve, Thad Naeve, Individually and Nancye Naeve, Individually v. FBL Financial Group, Inc.
Iowa Ct. App. · 2019 · confidence medium
Rental Ltd. v. Estherville Ford, Inc., 313 N.W.2d 538, 542 (Iowa 1981); Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981); Hunter v. City of Des Moines, 300 N.W.2d 121 , 123–26 (Iowa 1981); Wunschel Law Firm, P.C. v. Clabaugh, 291 N.W.2d 331, 337 (Iowa 1980); Citizens for Washington Square v. City of Davenport, 277 N.W.2d 882, 885 (Iowa 1979); In re Evans, 267 N.W.2d 7 “A person who is not a party but who is in privity with the parties in an action terminating in a valid judgment is . . . bound by and entitled to the benefits of the rules of” claim preclusion.
discussed Cited as authority (rule) Elyse De Stefano v. Apts. Downtown, Inc. (2×)
Iowa · 2016 · confidence medium
The majority uses the apt phrase: “the people’s court.” Thus, our court declined to give "preclusive effect to small claims adjudications in subsequent regular district court trials [because to do so] would be inconsistent with maintaining the simplicity and informality of small claims procedures.” Village Supply Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981). .
discussed Cited as authority (rule) Amended July 26, 2016 Elyse De Stefano v. Apts. Downtown, Inc.
Iowa · 2016 · confidence medium
Lettenmaier cited Ayala for “refusing to consider attorney fees in determining whether jurisdictional limit had been exceeded because they are separate and distinct events giving rise to cause of action and cannot be assessed until _________________________ simplicity and informality of small claims procedures.” Village Supply, Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981). 68 liability is established.” Id. at 595 .
discussed Cited as authority (rule) Elyse De Stefano v. Apts. Downtown, Inc.
Iowa · 2016 · confidence medium
Lettenmaier cited Ayala for “refusing to consider attorney fees in determining whether jurisdictional limit had been exceeded because they are separate and distinct events giving rise to cause of action and cannot be assessed until _________________________ simplicity and informality of small claims procedures.” Village Supply, Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981). 68 liability is established.” Id. at 595 .
cited Cited as authority (rule) Shelby County Cookers, L.L.C., an Iowa Limited Liability Company v. Utility Consultants International, Inc., a Michigan Corporation
Iowa · 2014 · confidence medium
Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981).
examined Cited as authority (rule) Long Branch Maintenance Corportation v. Nicole Adams (3×) also: Cited "see"
Iowa Ct. App. · 2014 · confidence medium
Village Supply Co, Inc. v. lowa Fund, Inc., 312 NW2d 551, 554 (lowa 1981).
discussed Cited as authority (rule) Merriam v. NATIONAL UNION FIRE INS. CO. OF PITTS.
S.D. Iowa · 2008 · confidence medium
Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981); Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp., 266 N.W.2d 22, 27 (Iowa 1978); Rector v. Alcorn, 241 N.W.2d 196, 202 (Iowa 1976).
discussed Cited as authority (rule) DeJong v. City of Sioux Center
N.D. Iowa · 1997 · confidence medium
Johnson Controls, Inc. v. City of Cedar Rapids, 713 F.2d 370, 375 (8th Cir.1983) (citing Thanet Corp. v. United States, 219 Ct.Cl. 75 , 591 F.2d 629, 633 (1979); accord Truelsen v. European Health Spa of Nebraska, 561 F.2d 169, 170 (8th Cir.1977) (per curiam) (Nebraska law); Telex Corp. v. Balch, 382 F.2d 211, 216 (8th Cir.1967) (Minnesota law); Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981)).
cited Cited as authority (rule) Northern Natural Gas Co. v. Knop
Iowa Ct. App. · 1994 · confidence medium
Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981) . (citation omitted).
discussed Cited as authority (rule) Iowa Fuel & Minerals, Inc. v. Iowa State Board of Regents
Iowa · 1991 · confidence medium
Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981); Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp., 266 N.W.2d 22, 27 (Iowa 1978); Rector v. Alcorn, 241 N.W.2d 196, 202 (Iowa 1976).
cited Cited as authority (rule) Dental Prosthetic Services, Inc. v. Hurst
Iowa · 1990 · confidence medium
Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981).
cited Cited as authority (rule) Swanson v. Best Buy Co., Inc.
S.D. Iowa · 1990 · confidence medium
Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981); State ex rel.
cited Cited as authority (rule) State Ex Rel. Miller v. Hydro Mag, Ltd.
Iowa · 1989 · confidence medium
This case falls squarely within Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981).
discussed Cited as authority (rule) Johnson Controls, Inc. v. City of Cedar Rapids, Iowa
8th Cir. · 1983 · confidence medium
Accord Truelsen v. European Health Spa of Nebraska, 561 F.2d 169, 170 (8th Cir.1977) (per curiam) (Nebraska law); Telex Corp. v. Balch, 382 F.2d 211, 216 (8th Cir.1967) (Minnesota law); Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981). 5 .
discussed Cited "see" Mark Peak v. Ellis Adams and Rachel Adams
Iowa · 2011 · signal: see · confidence high
See Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981) (citing Rector v. Alcorn, 241 N.W.2d 196, 202 (Iowa 1976) (resolving doubts concerning the meaning of the agreement against its drafter)); see also Huber, 501 N.W.2d at 57-58 (reversing summary judgment for insurance broker who was not named in the release and rejecting argument that “the release should apply to all parties associated with the race”).
cited Cited "see" Bagley v. Hughes A. Bagley, Inc.
Iowa Ct. App. · 1990 · signal: see · confidence high
See Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981).
discussed Cited "see" Federal Land Bank of Omaha v. Bollin (2×)
Iowa · 1987 · signal: see · confidence high
See Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981) (practical construction placed on an agreement by the parties will be given effect); Harvey Constr.
cited Cited "see" State Farm Fire & Casualty Co. v. Emde
Mo. Ct. App. · 1986 · signal: see · confidence high
See Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981).
cited Cited "see" Drinnin v. Heartland Area Education Agency 11
Iowa · 1983 · signal: see · confidence high
See Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981).
discussed Cited "see, e.g." Shelby County State v. Van Diest Supply
7th Cir. · 2002 · signal: see also · confidence medium
Unlike many jurisdictions that relegate the contra proferentem rule to the status of “tie-breaker,” see, e.g., Baker v. America’s Mortgage Servicing, Inc., 58 F.3d 321 , 327 (7th Cir. 1995) (Illinois law), Iowa takes a strong view of the rule, holding that ambiguous language is to be “strictly construed against the drafter.” Iowa Fuel & Mineral Co., Inc. v. Iowa State Bd. of Regents, 471 N.W.2d 859, 863 (Iowa 1991); see also Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981); Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp., 266 N.W.2d 22, 27 (Iowa 1978).
discussed Cited "see, e.g." Shelby County State Bank, an Illinois Banking Corporation v. Van Diest Supply Company
7th Cir. · 2002 · signal: see also · confidence medium
Unlike many jurisdictions that relegate the contra proferentem rule to the status of “tie-breaker,” see, e.g., Baker v. America’s Mortgage Servicing, Inc., 58 F.3d 321 , 327 (7th Cir.1995) (Illinois law), Iowa takes a strong view of the rule, holding that ambiguous language is to be “strictly construed against the drafter.” Iowa Fuel & Minerals, Inc. v. Iowa State Bd. of Regents, 471 N.W.2d 859, 863 (Iowa 1991); see also Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981); Fashion Fabrics of Iowa, Inc. v. Retail Investors Corp., 266 N.W.2d 22, 27 (Iowa 1978).
discussed Cited "see, e.g." Cold Springs Farm Development, Inc. v. Ball (2×)
Vt. · 1995 · signal: see, e.g. · confidence medium
See, e.g., Village Supply Co. v. Iowa Fund, Inc., 312 N.W.2d 551, 554 (Iowa 1981) (issue preclusion by small claims judgment not warranted where differences exist in quality or extensiveness of procedures); Sanderson v. Niemann, 110 P.2d 1025, 1031 (Cal. 1941) (collateral estoppel can not be based on small claims judgment); 2 State Farm Fire & Cas.
cited Cited "see, e.g." Saunders v. Spitz, No. Sph-9201-63978 (Jul. 9, 1992)
Conn. Super. Ct. · 1992 · signal: see also · confidence low
See, also, Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551 (1981).
cited Cited "see, e.g." Amana Refrigeration, Inc. v. Pidgeon's Furniture & Appliance Stores, Inc.
8th Cir. · 1989 · signal: see also · confidence medium
See also Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981).
discussed Cited "see, e.g." Mead v. Iowa State Board of Parole (2×)
Iowa · 1983 · signal: see, e.g. · confidence medium
See, e.g., Village Supply Co., Inc. v. Iowa Fund, Inc., 312 N.W.2d 551, 555 (Iowa 1981).
Retrieving the full opinion text from the archive…
VILLAGE SUPPLY CO., INC., Appellee,
v.
IOWA FUND, INC., Appellant
66590.
Supreme Court of Iowa.
Nov 25, 1981.
312 N.W.2d 551
1981 Iowa Sup. LEXIS 1079
James L. Bennett, Des Moines, for appellant., George A. Wilson, III of Dreher, Wilson, Adams, Jensen, Sayre & Gribble, Des Moines, for appellee.
Reynoldson, Legrand, Uhlenhopp, McCormick, Schultz.
Cited by 37 opinions  |  Published
McCORMICK, Justice.

This appeal involves questions of issue preclusion and contract interpretation. The dispute concerns rates under a contract allowing plaintiff Village Supply Co. to be served by defendant Iowa Fund, Inc.’s private sewage treatment system. In response to Village Supply’s petition for declaratory judgment, the trial court held that Village Supply was not precluded from litigating the issue by a prior adverse decision in a small claims suit. On the merits, the court ruled that the agreement limited Iowa Fund to a sewer charge equal to fifty percent of the rate paid by Village Supply to the Des Moines Waterworks for water. We agree with the trial court on the issue preclusion question but disagree with its declaratory judgment. Therefore we reverse.

Iowa Fund developed an industrial park in Polk County. It constructed a private sewage system to serve the subdivision in 1962. The cost of that system was reflected in the price charged for lots. By 1968, health authorities were insisting that the system be upgraded. Improvements to the system were made in 1969. By 1976, state authorities were again demanding that the system be upgraded, this time at a cost of approximately $100,000. Ultimately Iowa Fund expected the system would be integrated into the Des Moines metropolitan system.

Village Supply purchased two lots in the industrial park from a third, party in 1973. A building was constructed on the lots by the third party. In August 1973, Village Supply wished to connect its property to the water and sewer lines in the development. Water was supplied by the Des Moines Waterworks. Defendant’s president sent a letter to Village Supply setting out the terms under which the sewer connection was authorized:

It is ... understood that you will not discharge anything other than sanitary or domestic wastes into the sewage lines and will agree to be governed by the regulations of the sewage treatment system of Iowa Fund, Inc. and pay your proportionate costs for sewage maintenance and treatment (said charges presently in an amount approximately 50% of the water rate paid to the Des Moines Waterworks for water).

Village Supply’s president signed an acknowledgment agreeing to these terms. The parties had no collateral discussions.

For the period December 1,1973, through November 30, 1974, Iowa Fund billed Village Supply for $150 in sewer charges. When Village Supply refused to pay the bill, Iowa Fund brought a small claims action. At trial, Village Supply contended the charge was excessive and violated the agreement. Iowa Fund insisted the charge was consistent with the agreement. A district associate judge entered judgment for Iowa Fund. Village Supply did not appeal and ultimately paid the judgment.

Subsequently, Iowa Fund sent Village Supply a sewage bill of $655 for the period December 1, 1975, through November 30, 1976. This billing also resulted in a small claims action. In this case, however, a magistrate ruled for Village Supply, fixing Iowa Fund’s recovery at $26.64, an amount equal to one half of Village Supply’s water bill for the period involved. Iowa Fund appealed from the small claims judgment.

Village Supply then brought this declaratory judgment action seeking to have the agreement interpreted and to limit the sewage charges to one half the amount of its water bill. It requested an injunction against charges in excess of that amount. The declaratory judgment action and small claims appeal were consolidated for trial. The court held the contract interpretation issue was not precluded by the adjudication in the first small claims suit. Declaratory judgment was entered adopting Village Supply’s contention regarding the agreement, and the second small claims judgment was affirmed. The injunction was denied. Iowa Fund appealed from only the declaratory judgment. In this appeal, it[*554] challenges the trial court’s ruling on issue preclusion and on the merits. Village Supply separately contends Iowa Fund is now precluded by the final district court adjudication in the second small claims case.

I. Issue preclusion. Whether an issue adjudicated in a small claims judgment should have preclusive effect in a case within the regular jurisdiction of the district court is a question of first impression in this state. Small claims cases are governed by special statutes and rules. § 631.2, The Code. Among them is the requirement that the trial “be simple and informal, ... without regard to technicalities of procedure.” § 631.11(1). The statutes prescribe “a simple, swift, and inexpensive procedure for hearing and determining civil claims for money not exceeding $1000 and some forcible entry cases.” Wilson v. Iowa District Court, 297 N.W.2d 223, 224-25 (Iowa 1980). Although small claims are tried in the district court, they are docketed, tried and appealed under special procedures which are intended to avoid the rigidity and formality of regular trials. Id. The parties do not have a right to jury trial. § 631.11(1); Iowa National Mutual Insurance Co. v. Mitchell, 305 N.W.2d 724 (Iowa 1981).

Issue preclusion bars relitigation of an issue which the parties, or those sufficiently identified with them, have previously litigated. Prerequisites for use of the offensive or defensive use of the doctrine are delineated in Hunter v. City of Des Moines, 300 N.W.2d 121 (Iowa 1981). We have previously noted exceptions to the general rule of issue preclusion which are listed in Restatement (Second) of Judgments section 68.1 (Tent.Draft No. 4, 1977). Id. at 124-25 n. 4. The exception in clause (c) is relevant here:

A new determination of the issue is warranted by differences in the quality or extensiveness of the procedures in the two courts or by factors relating to the allocation of jurisdiction between them

In material part, the Restatement Comment to clause (c) states that a compelling reason for denying issue preclusion exists when “the procedures available in the first court may have been tailored to the prompt, inexpensive determination of small claims and thus may be wholly inappropriate to the determination of the same issues when presented in the context of a much larger claim.” We believe that this statement describes the situation in the adjudication of small claims in Iowa. Giving preclusive effect to small claims adjudications in subsequent regular district court trials would be inconsistent with maintaining the simplicity and informality of small claims procedures. See Sanderson v. Niemann, 17 Cal.2d 563, 110 P.2d 1025 (1941); see also Gilberg v. Barbieri, 53 N.Y.2d 285, 423 N.E.2d 807, 441 N.Y.S.2d 49 (1981).

We adopt the exception to the rule of issue preclusion in clause (c) of the Restatement. Applying the exception here, we hold that the trial court was right in ruling that the first small claims adjudication did not preclude Village Supply from relitigating the contract interpretation issue in the declaratory judgment action.

Similarly, we reject Village Supply’s separate contention that Iowa Fund is precluded from litigating the issue in this appeal by the district court ruling affirming the second small claims judgment. Village Supply contends the situation is different because it relies on a judgment by a district judge on appeal. The problem with the contention is that an appeal in a small claims action is ordinarily decided on the record made in the original hearing. See § 631.13(4). The case is not retried under regular district court procedures. Affirmance of the small claims judgment did not change its character. The exception in clause (c) of Restatement section 68.1 is applicable. Therefore, even though review of the affirmance was not sought, we hold that the adjudication does not preclude litigation of the contract interpretation issue in this appeal.

II. The merits of the case. Principles governing review of interpretation and construction of contracts are summarized in Connie’s Construction Co., Inc. v. [*555] Fireman’s Fund Insurance Co., 227 N.W.2d 207, 210 (Iowa 1975). Extensive evidence was received as an aid to interpretation in the present case. Although findings of fact are thus involved, this case was brought and tried in equity. Therefore we find the facts de novo. In doing so, we resolve doubts concerning the meaning of the agreement against Iowa Fund as its drafter. See Rector v. Alcorn, 241 N.W.2d 196, 202 (Iowa 1976).

Applying those principles here, we disagree with the trial court’s interpretation and construction of the agreement. The agreement makes Village Supply liable for its “proportionate costs for sewage maintenance and treatment.” Parenthetically it notes that the charges were “presently in an amount approximately 50% of the water rate paid to the Des Moines Waterworks for water.” It does not purport to fix future charges at fifty percent of the water rate. Nor did Village Supply’s president believe it did so. He testified as follows:

Q. What does that mean then “presently”? A. Well, that would have reference to the water bill in 1973 and up to that point.
Q. So presently to that point. A. . .. Yes.
Q. So 1975 or 1976 in your mind, am I correct, would not mean presently? A. No, it would not be present.

He also testified he understood the term “maintenance” would include whatever expenses were necessary to keep the system in operating condition. He believed this would include repair but not improvements.

The practical construction placed on an agreement by the parties will be given effect. Lovlie v. Plumb, 250 N.W.2d 56, 59 (Iowa 1977). The testimony of Village Supply’s president accords with the practical construction put on the agreement by Iowa Fund when it was entered. The charges being made at that time did not include recoupment for the original 1962 investment or 1969 improvements. Iowa Fund decided subsequently to attempt to recover its original investment through the sewer charges. This appears to have been motivated by a realization that substantial additional improvements were necessary. Iowa Fund’s president testified he changed the basis for the charges because he believed the contract gave Iowa Fund the right to make charges as if it were a public utility. This change of position was contrary to Village Supply’s understanding and Iowa Fund’s earlier practical construction of the agreement.

Giving effect to that understanding and construction, we find that the agreement obligates Village Supply to pay its proportionate share for sewage maintenance and treatment but not for Iowa Fund’s original investment or improvements in the system. We agree with Iowa Fund, however, that the contract does not limit sewer charges to fifty percent of water charges.

As used in the agreement, the term “maintenance” embraces the usual meaning of the word “maintain”:

acts of repairs and other acts to prevent a decline, lapse or cessation from existing state or condition; bear the expense of; carry on; commence; continue; furnish means for subsistence or existence of; hold; hold or keep in an existing state or condition; hold or preserve in any particular state or condition; keep from change; keep from falling, declining, or ceasing; keep in existence or continuance; keep in force; keep in good order; keep in proper condition; keep in repair; keep up; preserve; preserve from lapse, decline, failure, or cessation; provide for, rebuild; repair; replace; supply with means of support; supply with what is needed; support; sustain; uphold . . . not to lose or surrender; not to suffer or fail or decline.

Black’s Law Dictionary 859 (5th ed. 1979). Maintenance refers to “expenditures undertaken to preserve an asset’s service potential for its original intended life .... ” Id. at 860. In contrast, an improvement is “[a] valuable addition made to property ... or an amelioration in its condition, amounting to more than mere repairs or replacement .. . intended to enhance its value, beauty[*556] or utility or to adapt it for new or further purposes.” Id. at 862.

Covered expenses would include amounts for repair, real estate taxes, testing, cutting weeds, and other costs necessarily incurred to keep the system operating to perform its intended function. Expenses of original construction and the 1969 improvements are not included. Nor are meeting hall expenses or legal expenses incurred in defending actions by the Department of Environmental Quality and in collecting delinquent accounts. Whether a future capital outlay can be recovered as an expense of maintenance and treatment will depend on its purpose. If it is necessary to keep the system functioning, it is covered. If it is to adapt the system to new or additional purposes, it is not.

A useful standard is provided in State ex rel. Walter v. Vogel, 108 Ohio App. 294, 297-298, 161 N.E.2d 449, 462 (1958). In that case the court characterized maintenance of light fixtures as meaning “to keep in a state of efficiency for the furnishing and rendition of those services which are required for the practical and efficient use of the fixtures.” By analogy, Village Supply is obliged to pay its proportionate share of expenses necessary for the practical and efficient use of the sewage system.

In determining Village Supply’s proportionate share for maintenance and treatment, we believe the contract establishes proportionate water usage as a standard. That is the standard which Village Supply reasonably believed was contemplated by the contract. Thus, once the total amounts attributable to maintenance and treatment are calculated, Iowa Fund may charge Village Supply for only such proportion of the total as its water charges bear to the water charges of all users of the system.

In so holding, we do not decide what amounts Iowa Fund may charge other users. We only decide its contractual rights against Village Supply. We reverse the declaratory judgment of the trial court and enter declaratory judgment in accordance with this opinion.

REVERSED.