WELDON D. BLOOM and KAREN WICKWIRE, as Co-Trustees of the WELDON D. BLOOM REVOCABLE TRUST, Plaintiffs-Appellees/Cross-Appellants,
MICHAEL ONIAYEKAN and IJEOMA ASOTA, Defendants-Appellants/Cross-Appellees.
from the Iowa District Court for Scott County, Stuart P.
appeals the district court's ruling in favor of Bloom in
this breach of contract action. Bloom cross-appeals.
William R. Stengel of Stengel, Bailey & Robertson, Rock
Island, Illinois, for appellants.
Katherine Varlas Teel of Pepping, Balk & Kincaid, Ltd.,
Silvis, Illinois, for appellees.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
VAITHESWARAN, PRESIDING JUDGE.
of a home terminated the real estate purchase contract. The
sellers sued and obtained judgment against them. On appeal,
the buyers contend a mutual mistake of fact precluded
formation of the contract. The sellers cross-appeal for
additional damages and attorney fees.
Background Facts and Proceedings
Weldon Bloom and Karen Wickwire owned a home in Davenport,
Iowa. Defendants Ijeoma Asota and Michael Oniayekan made an
offer to purchase the property, which was accepted. A
purchase agreement was executed in late August 2014.
same time, Bloom completed a seller's disclosure
statement. He left blank the question, "Any easements or
encroachments onto or from neighboring properties?" He
later amended the disclosure statement to answer
"No" to the question.
September 2014, the City Public Works Department's real
estate manager sent Bloom a certified letter requesting a
meeting to discuss a permanent recreational trail easement
and a temporary construction easement. Bloom picked up the
letter on October 4, 2014. Shortly thereafter, he forwarded
it to the listing agent who, in turn, sent it to the
October 15, 2014, the buyers' agent informed the listing
agent that the buyers were terminating the contract. The
reason given on the termination document was: "Due to
the city of Davenport taking part of the land. The purchasers
intended to use the backyard for their small child to play
safely." The City never took title to the land and did
not record the easements until approximately one year after
the buyers terminated the contract.
buyers failed to appear on the scheduled closing date in
November 2014. Several months later, the sellers sold the
property to another purchaser.
and Wickwire sued Oniayekan and Asota for breach of contract.
Following trial, the district court entered judgment in favor
of Bloom and Wickwire. The ...