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FARMERS ELEVATOR & MERCANTILE v. FARM BUILDERS, INC.

Civ. No. 870390.

432 N.W.2d 864 (1988)

FARMERS ELEVATOR & MERCANTILE COMPANY, a North Dakota corporation, Plaintiff and Appellee, v. FARM BUILDERS, INC., a North Dakota corporation, Defendant and Appellant.

Supreme Court of North Dakota.

December 6, 1988.

Attorney(s) appearing for the Case

Sproul, Lenaburg, Fitzner & Walker, Valley City, for plaintiff and appellee; argued by David E. Walker.

Weiss, Wright & Paulson, Jamestown, for defendant and appellant; argued by Terence J. Paulson.

MESCHKE, Justice.

Farm Builders, Inc. [Builders] appealed from two "non-cumulative" judgments, and corresponding orders denying its post-trial motions, which awarded Farmers Elevator & Mercantile Co. [Elevator] damages upon separate theories of contract and of tort for injury to Elevator's property. We affirm.

Builders contracted to improve Elevator's grain storage and handling facilities. Along with other work...

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