Lange Building & Farm Supply, Inc. v. Open Circle "R", Inc.

Brower, D.J.

This action was brought by Lange Building and Farm Supply, Inc. (builder), to recover for breach of a written contract for the repair of a grain storage bin and, for its second cause of action, to recover money for improvements made to a second grain bin under an oral contract.

Open Circle “R”, Inc. (owner), denied generally the claims of builder’s first cause of action, admitted there had been a written agreement for such work, but alleged that builder had failed to substantially perform the contract. By way of cross-petition, counterclaim, and setoff, owner claimed damages,…