within the spring of 1976, Agri-strains fixed and reinstalled the pump during the Spencers' properly, but the pump failed to function. Agri-traces tried further repairs but was not able to find the properly working. Agri-traces then discontinued its efforts and the job was completed by Yet another corporation.

in the event the assembly had been lifted about 3 toes, one particular of those ears broke off and your complete column of pipe, along with the bowl assembly, fell to The underside in the seven hundred-foot very well. A well driller then needed to be hired to fish the column of pipe out in the very well. By November 1975, he had retrieved the pipe and shaft, though the bowls ended up left in The underside of your effectively. The nicely was *642 useless for the rest of your 1975 irrigation season. The Spencers and Chenery both of those claimed which the loss of water from the nicely due to the accident contributed to severe crop losses in 1975.

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.. in ... an unskillful and unworkmanlike way." an analogous allegation was built in respect to further more repairs Agri-traces was employed to make in 1976 following dropping the pump.

As A part of its supply of settlement Agri-strains agreed to dismiss its counterclaim. Since we have held that § 12-one hundred twenty(two) does not allow an award of legal professional charges on the plaintiffs' claims versus Agri-traces, we no more want choose whether or not Chenery is entitled to "supplemental" lawyer expenses. on the other hand, the issue remains irrespective of whether Chenery is Even so entitled to some award of lawyer fees beneath this portion because he "prevailed" under towards Agri-traces' counterclaim.

The bowls were suspended deep throughout the very well at the end of a long generate shaft and pipe column. to switch the bowls, it absolutely was needed to disassemble click here the pump equipment and motor and remove more than 460 feet of shaft and pipe column from your effectively. To accomplish this, the column had to be lifted from the very well using a winch and disassembled segment by portion.

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We can not make this type of ruling Within this instance. Accordingly, We're going to remand towards the trial courtroom to find out, in its discretion, irrespective of whether Chenery was a prevailing occasion around the counterclaim.

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