from the spring of 1976, Agri-traces fixed and reinstalled the pump in the Spencers' effectively, even so the pump unsuccessful to function. Agri-traces tried even more repairs but was not able to get the well operating. Agri-traces then discontinued its endeavours and the job was concluded by Yet another company.
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Spencers more alleged that as "a result of the carelessness with the defendant" they suffered damages thanks to crop losses in 1975. A 2nd depend inside the complaint alleged that Agri-Lines executed the work of making "repairs into the pump, motor and shaft .
The district court awarded service fees under this statute immediately after concluding "that basically the satisfies by both equally Plaintiffs in this article ended up to Get well with the breach of a deal referring to the purchase, sale and set up of new pump bowls." The Spencers and Chenery contend this was suitable for the reason that their transaction with Agri-Lines was mostly a contract for the acquisition or sale of goods, viz., new pump bowls, and only secondarily a contract for solutions.
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To aid this rivalry they emphasize that the expense of The brand new bowls was numerous instances increased compared to the believed price of installation. Agri-traces, on the other hand, contends the Spencers' and Chenery's fits weren't actions to Get well "over a agreement," but were tort steps dependent on the assert that Agri-Lines was negligent in repairing the pump As well as in installing the *643 pump bowls. We feel that Agri-strains' place is suitable.