Gilliland V. Rodriquez

Sipriano Rodriquez and his wife purchased a house from a partnership consisting of Lowell Gilliland, Fred Davis and John Doe Davis, doing business as Inland Trading and Construction Company, under terms that required the trading company to deliver and place the house on Rodriquez' premises at a location staked out by him. An irrigation well with pump was located near the place so designated by Rodriquez. Over the well and pump was standing a pipe-pulling derrick held upright by three guy-wires. The trading company in order to set the house on the designated location decided it was necessary to release one of the guy-wires supporting the derrick. This being done, the same fell causing damage to the pump which necessitated its repair. Rodriquez and his wife, hereinafter designated plaintiffs, brought suit against the partnership and its members, hereinafter designated defendants, claiming they were negligent and asked damages for the repair of the pump and for loss of an onion and carrot crop because of inability to pump irrigation water. Plaintiffs having given defendants a promissory note and chattel mortgage in the sum of $487.05 which was past due at the time, defendants counterclaimed for the principal plus interest and ten percent attorney fees. The matter was tried before the court sitting without a jury, and the court made findings of fact and conclusions of law and awarded plaintiffs on their complaint the following: