Tri-Circle, Inc. v. Brugger Corp.

SUBSTITUTE OPINION

The Court’s prior opinion dated September 30, 1991, is hereby withdrawn.

SILAK, Judge.

This action was brought by Tri-Circle, Inc., to obtain payment for materials and labor supplied to farm property owned by Brugger Corporation (hereinafter Brugger/Western Ag) 1 and leased and operated by Jason Weimer. The district court, sitting without a jury, found that Weimer had acted as Brugger/Western Ag’s agent when he ordered materials and labor from Tri-Circle to repair components of the farm’s irrigation system. The district court entered an amended judgment (hereinafter the…