Farmers Union Cooperative Ass'n v. Mid-States Construction Co.

This is an appeal from an order in which the trial court granted the defendants’ motions for summary judgment, dismissed the plaintiff’s first and third causes of action, and sustained a demurrer to the piaintiff’s second cause of action. Plaintiff appeals and assigns as error the dismissal of its petition.

A discussion of the facts elicited in the depositions and pleadings is necessary for an understanding of this complicated matter.

Plaintiff, Farmers Union Cooperative Association (Co-op), entered into a contract on February 7, 1966, with Mid-States Construction Company (Mid-States), a…