C & a Enterprises v. Carlson Tractor & Equipment Co.

OPINION

FOLEY, Judge.

C & A Enterprises appeals from a judgment dismissing its action for breach of contract and warranties and denying its motion to vacate that dismissal. We reverse.

FACTS

This action was commenced by service of the summons and complaint upon respondents Carlson Tractor & Equipment Co. and Farm Systems, Inc. on November 30, 1984. C & A sought damages for breach of contract and warranties arising from improper construction of a corn bin, which caused the loss or reduction in market value of 9,000 bushels of corn.

In February 1985, Farm Systems filed its answer with the Hennepin…