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With so many ways to work renting into your budget, you can easily choose a payment schedule that works for you. First, there's the option that only takes one step: buy your furniture, smartphone, appliance, computer, or electronic device right away at the cash price. You can own them outright. You could also choose the early purchase option. This gives you more than 90 days to pay, but still lets you save money by allowing you to pay for your items when you want. Meanwhile, the Worry-Free Guarantee means you get to pay as you go with no long-term commitment. Bi-monthly or monthly payments leave you without a long-term commitment.

For thin and original crust pizzas: Preheat oven to 425F and bake on center oven rack for 12 to 18 minutes. Remove when crust is golden brown. Bake within 60 minutes of purchase. If refrigerated, remove 60 minutes prior to baking for crust to rise. Find complete baking instructions for all Papa Murphy's pizzas, sides, and desserts here.

Warren reassured her that jobs would not be lost because of her plan. But the exchange is a reminder that while railing against the insurance industry can score points with the progressive Democratic base, it can also alienate potential supporters in Iowa, where voters will usher in the presidential primary in less than two months.

This is an industry that employs thousands of employees in high-quality jobs,\" she said. All of those employees pay income taxes, sales taxes, property taxes, and the companies that they work for also pay millions in premium taxes, as well as property taxes. So it would have a significant impact on the Iowa economy generally as well as here in the Des Moines metro area.\"

In its reply brief, filed June 15, 1998, Land O' Lakes offered no counterargument concerning the economic loss doctrine, and still offered no argument in support of dismissing the negligent misrepresentation claim. Land O' Lakes instead concentrated the entirety of its reply brief on the CEA issue. However, that was not the end of the briefing. On August 7, 1998, when this court was on the brink of filing the present opinion, the Johnsons filed a motion to allow filing of a supplemental brief in support of their resistance to Land O' Lakes' motion for partial summary judgment. In their supplemental brief, the Johnsons present additional relevant authorities concerning the CEA issues, and arguments based thereon, as to which they assert counsel previously had no knowledge. Land O' Lakes has resisted the filing of the supplemental brief as calculated to be prejudicial and fundamentally unfair, coming as it does at the eleventh hour with no prior notice. The court will give separate consideration to the Johnsons' supplemental brief.

The court will discuss here only the nucleus of facts pertinent to the present motion for partial summary judgment. In its legal analysis, the court will address where necessary the parties' assertions of genuine issues of material fact that may preclude summary judgment. The nucleus of pertinent facts begins with an examination of the HTAs the Johnsons have entered into with Land O' Lakes' Rockwell Ag Center.

The contracts are similar in form to the FCC contracts this court discussed in Oeltjenbrun v. CSA Investors, Inc., 3 F. Supp. 2d 1044-47, 1998 WL 199042 (N.D.Iowa April 19, 1998).[1] However, there are two slightly different forms of the contract at issue here.

Larry Johnson's HTAs for soybeans, upon which Land O' Lakes contends no delivery has been made, are identical in form to the HTAs Marvin entered into. Like Marvin's, Larry's soybeans HTAs do not have the blanks for \"Arrival Period,\" \"Destination,\" or \"Quality\" filled in. Larry's soybeans HTAs therefore are as follows: (1) No. 904, dated March 29, 1996, for delivery of 5,000 bushels of soybeans with a \"futures option\" of January 1997, a \"futures option price\" of $7.36 per bushel, a deadline of December 31, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; and (2) No. 927, dated April 19, 1996, for delivery of 15,000 bushels of soybeans with a \"futures option\" of November 1996, a \"futures option price\" of $6.08 per bushel, a deadline of October 31, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel. Only contract No. 927 bears the handwritten notation concerning service fees if rolled.

Land O' Lakes also contends that Larry Johnson has failed to deliver corn on six HTAs. However, these HTAs are in slightly different form from those entered into by Marvin Johnson or from Larry Johnson's own soybeans HTAs. First, the tabular material after paragraph 2 bears different headings: \"Quantity/Bushels,\" \"Grade & Grain,\" \"Moisture,\" \"Futures Option,\" \"Futures Option Price,\" \"Cash Basis,\" and \"Cash Price.\" Immediately following the table, blanks for \"Arrival Period\" and \"Destination,\" headings that were in the table in Larry Johnson's soybeans HTAs, have been added, but these blanks are not filled in on any of Larry Johnson's corn HTAs. Finally, to paragraph 5, after the blank for a date for setting cash basis and cash value, the following language has been added: \"and deliver no later than ________.\" However, this blank has not been filled in on any of Larry Johnson's corn HTAs, either. Thus, Larry Johnson's corn HTAs at issue here are as follows: (1) No. 1004, dated April 30, 1996, for delivery of 40,000 bushels of corn with a \"futures option\" of July 1996, a \"futures option price\" of $2.51 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (2) No. 1005, dated April 30, 1996, for delivery of 15,000 bushels of corn with a \"futures option\" of July 1996, a \"futures option price\" of $3.18 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (3) No. 1006, dated April 30, 1996, for delivery of 30,000 bushels of corn with a \"futures option\" of July 1996, a \"futures option price\" of $3.58 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (4) No. 1007, dated April 30, 1996, for delivery of 65,000 bushels of corn with a \"futures option\" of July 1996, a \"futures option price\" of $2.34 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; (5) No. 1008, dated April 30, 1996, for delivery of 50,000 bushels of corn with a \"futures option\" of July 1996, a \"futures option price\" of $2.61 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel; and (6) No. 1009, dated April 30, 1996, for delivery of 50,000 bushels of soybeans with a \"futures option\" of July 1996, a *992 \"futures option price\" of $2.82 per bushel, a deadline of June 30, 1996, to set the cash basis and determine the cash value of the grain, and a service fee of two cents per bushel. Each of Larry Johnson's corn HTAs at issue here bears the handwritten notation that service fees may vary if the contract is rolled. Each of Larry's corn HTAs also bears a handwritten notation that it was \"rolled\" from a prior HTA.

There is no dispute that, in aggregate, these HTAs exceed the Johnsons' typical annual grain production capacity. Marvin produces on average about 60,000 bushels of corn per year, while Larry produces on average about 65,000 bushels of corn per year. However, both of the Johnsons stated in depositions that their HTAs were on a \"multi-year program,\" anticipating rolling of various contracts so that the Johnsons would ultimately have the capacity to deliver the grain subject to such contracts.[3] However, it is also undisputed that the Johnsons did not have sufficient grain on hand in the spring or summer of 1996 to deliver corn on all of the HTAs scheduled for delivery in July of 1996. Finally, it is undisputed that both of the Johnsons had actually delivered grain on similar contracts in the past: Since March of 1992, Marvin Johnson had delivered at least 105,000 bushels of corn and 32,000 bushels of soybeans pursuant to HTAs; since March of 1993, Larry had delivered at least 116,000 bushels of corn and 15,000 bushels of soybeans pursuant to HTAs.

These HTAs do not expressly provide for \"rolling\" to a new delivery date at all. However, the parties agree that these contracts were in fact rolled, or that predecessor HTAs were rolled to these contracts. As noted above, the handwritten notation concerning service fees upon rolling was purportedly added only after a roll had actually occurred. Similarly, nowhere do the contracts provide, either expressly or implicitly, for \"buyouts.\" However, the Johnsons asserted in depositions, and Land O' Lakes does not dispute, that they understood that they could buy out the contracts for five cents per bushel plus spread, and later for ten cents per bushel plus spread.

This court has considered in some detail the standards applicable to motions for summary judgment pursuant to FED. R. CIV. P. 56 in a number of recent decisions. See, e.g., Swanson v. Van Otterloo, 993 F. Supp. 1224, 1229-32, 1998 WL 49071 (N.D.Iowa 1998); Dirks v. J.C. Robinson Seed Co., 980 F. Supp. 1303, 1305-07 (N.D.Iowa 1997); Laird v. Stilwill, 969 F. Supp. 1167, 1172-74 (N.D.Iowa 1997); Rural Water Sys. # 1 v. City of Sioux Center, 967 F. Supp. 1483, 1499-1501 (N.D.Iowa 1997); Tralon Corp. v. Cedarapids, Inc., 966 F. Supp. 812, 817-18 (N.D.Iowa 1997); Security State Bank v. Firstar Bank Milwaukee, N.A., 965 F. Supp. 1237, 1239-40 (N.D.Iowa 1997); Lockhart v. Cedar Rapids Community Sch. Dist., 963 F. Supp. 805 (N.D.Iowa 1997). Thus, the court will not consider those standards in detail here. Suffice it to say that Rule 56 itself provides, in pertinent part, as follows: 59ce067264

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