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NEWMAN v. SEARS, ROEBUCK & CO.

No. 7186.

43 N.W.2d 411 (1950)

NEWMAN v. SEARS, ROEBUCK & CO. et al.

Supreme Court of North Dakota.

Rehearing Denied August 17, 1950.

Attorney(s) appearing for the Case

Murray & Murray, Bismarck, attorneys for appellant.

Cox, Cox & Pearce, Bismarck, attorneys for respondent, Sears, Roebuck & Company.

Sullivans, Kelsch & Lord, Mandan, attorneys for respondent Dale.

GRIMSON, Judge.

The defendant, Alfred S. Dale, was the owner of an apartment house in the City of Bismarck, North Dakota. In August 1947, he ordered from Sears, Roebuck & Company, three folding beds. Sears, Roebuck & Company contracted their supply of said beds from the manufacturer, Superior Sleeprite Corporation of Chicago. When the Dale order was received Sears, Roebuck & Company directed the shipment of three beds to be made by the Superior Sleeprite...

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