Settling and cracking leads to suit against Tillotson Construction

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Dayton—Farmers Elevator Company has filed suit in federal court at Fort Dodge, Iowa, asking $92,120 from Tillotson Construction Co., Omaha, Neb.

The cooperative also is seeking a court order for the removal by the construction firm of a new 150,000-bushel elevator at Dayton. An alternate request included in the petition asks that if the court does not grant the damages and order the structure removed, that it should determine amount needed to place elevator in condition to conform with the contract between the companies and to grant that amount to the Dayton cooperative.

The petition charges that “due to faulty plans and construction the elevator is unsafe for use and in dangerous condition and is liable at any time to collapse.” The elevator was completed in September 1954 and less than a month later “settled, cracked and broke in numerous places,” the Dayton company alleges in the petition.

At the time the elevator was found to be damaged it was loaded with 110,000 bushels of corn and 30,000 bushels of beans.

Farmers’ Elevator Guide, v.48-50, 1953-55 p. 61