Robertson Lumber Co. v. Stephen Farmers Cooperative Elevator Co.

Otis, Justice.

This is an action to foreclose a mechanics lien for work and material furnished in repairing a grain storage building. Defendant counterclaims for breach of warranty in the original construction. The trial court sitting without a jury awarded defendant damages. Plaintiff appeals from the judgment.

Defendant, referred to herein as the co-op, is an organization of farmers engaged in the business of buying, selling, and storing grain at Stephen, Minnesota. Early in 1959, the co-op decided to expand its storage facilities. To that end it consulted a number of contractors, including…