during the spring of 1976, Agri-traces fixed and reinstalled the pump inside the Spencers' properly, although the pump failed to function. Agri-Lines attempted even further repairs but was unable to get the well functioning. Agri-Lines then discontinued its attempts and The task was concluded by An additional corporation.
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due to the fact this circumstance hardly ever went to demo, no conclusions of simple fact and conclusions of law have been entered with the district court. However, the next details could be gleaned from the record. In the summer of 1975, Chenery used Agri-traces to fix a turbine pump in a deep effectively around the farm Chenery leased to the Spencers. The Spencers experienced professional a loss of water force with the nicely and concluded which the pump "bowls" were bad and necessary alternative.
.. in ... an unskillful and unworkmanlike way." A similar allegation was designed in respect to even further repairs Agri-traces was utilized to help make in 1976 just after dropping the pump.
As A part of its present of settlement Agri-strains agreed to dismiss its counterclaim. because We have now held that § 12-one hundred twenty(two) isn't going to permit an award of lawyer charges on the plaintiffs' promises towards Agri-traces, we no longer require choose whether or not Chenery is entitled to "further" lawyer charges. even so, the dilemma continues to be no matter if Chenery is Even so entitled to some award of lawyer costs less than this segment mainly because he "prevailed" under towards Agri-traces' counterclaim.
*646 exactly where, as here, there are promises, counterclaims and cross-statements, the mere proven fact that a celebration is effective in asserting or defeating a single assert does not mandate an award of charges towards the prevailing occasion on that claim.
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For this function Agri-Lines sought the extra degree of $13,167 from Chenery as well as the Spencers. The counterclaim in Chenery's go well with also alleged that Chenery had been unjustly enriched within the sum of $thirteen,167.32 because of Agri-Lines' companies. In reply, plaintiffs asserted that Agri-traces didn't accomplish this operate appropriately Which it had to be redone by other contractors at extra expense. we are able to agree, In this particular occasion, that Agri-traces' counterclaim was brought to Recuperate with a "agreement relating to the acquisition or sale of products, wares or products."