MILLER v. FARMERS COOPERATIVE COMPANY, LOST NATION

No. 53849.

176 N.W.2d 832 (1970)

James F. MILLER, doing business as Miller Equipment Company, Appellee, v. FARMERS COOPERATIVE COMPANY, LOST NATION, Iowa, Appellee, and Robert W. Lerigo, doing business as General Mills Supply Company, Appellant.

Supreme Court of Iowa.

May 5, 1970.


Attorney(s) appearing for the Case

Charles J. Munson, Bettendorf, for appellant.

Norton & Freese, Lowden, for appellee Farmers Cooperative Co.

No appearance for appellee James F. Miller.


UHLENHOPP, Justice.

We have here to decide whether we must vacate an order sustaining a motion for summary judgment and a judgment on a cross-petition for lack of jurisdiction.

Farmers Cooperative Company contracted for the installation of a grain dryer on its real estate. The principal contractor was either Robert W. Lerigo or General Mills Supply, Inc., an issue in dispute. In turn, the principal contractor subcontracted with James F. Miller to supply and...

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