Farmers Elevator & Mercantile Co. v. Farm Builders, Inc.

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, Builders agreed to raise an existing grain leg, also known as a bucket elevator, from a height of 80 feet to 90 feet by installing a 10-foot riser section. By July 18, 1983, most of…