Beall Pipe & Tank Corporation v. Tumac

This appeal comes to us from the grant of a Rule 41(b) motion for involuntary dismissal. The plaintiff-appellant, Beall Pipe and Tank Corporation, supplied mainline irrigation pipe to the defendant, Tumac Intermountain, Inc. Tumac had contracted with the Unqueras to sell and install the pipe as part of an irrigation system Tumac built for the Unqueras in Lemhi County, Idaho. The Beall pipe, laid underground, was used to divert water from Patterson Creek to farm lands being purchased by the Unqueras from people named Richardson. There the water would be applied by means of a large above-ground pivot irrigation system, also installed by Tumac. Eastern Idaho Production Credit Association (EIPCA) took an assignment of the land sale contract between the Unqueras and the Richardsons to secure a loan for the operation of a ranch upon the property. Simlog Leasing Corporation provided financing for the irrigation system under a purchase-lease back arrangement with the Unqueras. The Unqueras, the Richardsons, EIPCA and Simlog were all defendants below and are respondents on appeal.