JOHN MARGESON, an Individual, and JENNIFER MARGESON, an Individual, Plaintiffs-Appellees, vs. THERESA A. ARTIS, a/k/a TERRI ARTIS, an Individual, and MASYD ENTERPRISES, L.L.C., an Iowa Limited Liability Company, Defendants-Appellants.
Annotate this Case
Download PDF
IN THE COURT OF APPEALS OF IOWA
No. 8-082 / 07-0944
Filed February 27, 2008
JOHN MARGESON, an Individual, and
JENNIFER MARGESON, an Individual,
Plaintiffs-Appellees,
vs.
THERESA A. ARTIS, a/k/a TERRI
ARTIS, an Individual, and MASYD
ENTERPRISES, L.L.C., an Iowa Limited
Liability Company,
Defendants-Appellants.
________________________________________________________________
Appeal from the Iowa District Court for Polk County, Karen A. Romano,
Judge.
Appeal from district court’s grant of summary judgment. AFFIRMED.
Thomas G. Fisher Jr. of Parrish, Kruidenier, Dunn, Boles, Gribble, Cook,
Parrish, Gentry, & Fisher, L.L.P., Des Moines, for appellant.
Allison E. Wallace of Dreher, Simpson & Jensen, P.C., Des Moines, for
appellee.
Considered by Mahan, P.J., and Eisenhauer and Baker, JJ.
2
BAKER, J.
On October 1, 2004, John and Jennifer Margeson entered into an
agreement to sell the assets and receivables of A Perfect Fit, L.L.C., to Theresa
Artis and MASYD Enterprises, L.L.C., for “$125,000, payable at closing, in lump
sum or as otherwise allowed by Sellers in writing, contemporaneously or
following execution of this agreement.” An addendum to the agreement, signed
by John Margeson and Theresa Artis on October 7, 2004, lists the total sales
price as $155,000, comprised of a $125,000 secured loan, $10,000 cash, and
$20,000 to be paid monthly based on sales.
MASYD failed to pay the full
$10,000 cash, and has made no monthly payment since March 2005.
The Margesons filed an action, alleging breach of contract and seeking a
judgment for the remaining amount due under the contract. The district court
granted the Margesons’ motion for summary judgment and entered judgment
against Artis and MASYD for $20,180, plus interest.
On appeal, Artis and MASYD contend the district court erred in granting
summary judgment because (1) as a matter of law, the second agreement is void
for lack of consideration, and (2) the agreements created disputed material facts.
We review summary judgment motions for errors at law. Stevens v. Iowa
Newspapers, Inc., 728 N.W.2d 823, 827 (Iowa 2007). We have reviewed the
district court’s detailed and well-reasoned opinion regarding the issues raised on
appeal.
We conclude the district court correctly decided the issues, and we
cannot significantly add to a discussion of those issues.
AFFIRMED.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
