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McCARTHY WELL CO. v. ST. PETER CREAMERY, INC.

No. C6-85-1740.

389 N.W.2d 514 (1986)

McCARTHY WELL COMPANY, INC., Appellant, v. ST. PETER CREAMERY, INC., Respondent.

Court of Appeals of Minnesota.

Review Granted August 20, 1986.

Attorney(s) appearing for the Case

Michael A. Nekich, Robert P. Thavis, Leonard, Street & Deinard, Minneapolis, for appellant.

W.M. Gustafson, Michael K. Riley, MacKenzie, Gustafson & Lucas, St. Peter, for respondent.

Heard, considered and decided by PARKER, P.J. and LANSING and CRIPPEN, JJ.

OPINION

LANSING, Judge.

St. Peter Creamery, Inc., hired McCarthy Well Co., Inc., to restore the flow in an artesian well that supplied water to the Creamery. McCarthy Well took measures to increase the flow, including replacement of the well's pump. The Creamery made partial payment, and McCarthy Well sued to collect the balance. The Creamery counterclaimed, alleging negligence in the installation and removal of the pump. The jury found in favor of the Creamery...

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