Barnes Trucking Service, Inc. v. Hasslen Construction Co.

Knutson, Justice.*

This is an appeal from a judgment dismissing the cause of action of plaintiff, Barnes Trucking Service, Inc. (hereinafter Barnes).

This action, like the two actions consolidated and presented under the title of Park Plaza State Bank v. CWS Development Co. 303 Minn. 306, 227 N. W. 2d 560 (1975), is an outgrowth of an unperformed subcontract of a bankrupt, Modular Structures, Inc. (hereinafter Modular), and the parties have stipulated that the trial court record of those actions be incorporated by reference into the record of this action. The parties also stipulated that the…