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KRANK v. A.O. SMITH HARVESTORE PRODUCTS

Civ. No. 890187.

456 N.W.2d 125 (1990)

Edward J. KRANK, Belle L. Krank, Dennis Moore and Carole Moore, Plaintiffs and Appellants, v. A.O. SMITH HARVESTORE PRODUCTS, INC., a Delaware Corporation, Defendant, AgriStor Credit Corporation, a Delaware Corporation; AgriStor Leasing, a Wisconsin Partnership; AgriStor Financial Corporation, a Delaware Corporation, Defendants and Appellees, and North Dakota Harvestore Systems, Inc., formerly Montana Dakota Harvestore, Inc., and A.O. Smith Corporation, a New York Corporation, Defendants.

Supreme Court of North Dakota.

May 15, 1990.

Attorney(s) appearing for the Case

Joseph A. Vogel, Jr. (argued), Vogel Law Firm, Mandan, and Wheeler Wolf, Bismarck, for plaintiffs and appellants.

Conmy, Feste, Bossart, Hubbard & Corwin, Ltd., Fargo, for defendants and appellees; argued by Wickham Corwin.

GIERKE, Justice.

Plaintiffs Edward J. Krank, Belle L. Krank, Dennis Moore, and Carole Moore appeal from a summary judgment dismissing defendants AgriStor Leasing, AgriStor Credit Corporation, and AgriStor Financial Corporation from their action for damages arising from the plaintiffs' use of two Harvestore Automated Feeding Systems in their dairy operation. We affirm in part, reverse in part, and remand for further proceedings.

Plaintiffs are dairy farmers...

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