Babler Bros., Inc. v. Hebener

Plaintiff filed this action in replevin to recover possession of certain gravel located on premises leased by defendants. The defendants filed a counterclaim for damages for breach of a contract between defendants and plaintiff. The action was tried before the court without a jury. Findings of fact, conclusions of law and a judgment were entered in favor of plaintiff on its complaint and against defendants on their counterclaim for damages. Defendants appeal.

The plaintiff, Babler Bros., is engaged in road and highway construction. The defendants are the lessees of a rock quarry located near…