HAUENSTEIN v. ST. PAUL-MERCURY INDEMNITY CO.

No. 36,285.

242 Minn. 354 (1954)

ROBERT G. HAUENSTEIN AND ANOTHER, COPARTNERS d.b.a. THE HAUENSTEIN COMPANY, v. ST. PAUL-MERCURY INDEMNITY COMPANY.

Supreme Court of Minnesota.

June 11, 1954.


Attorney(s) appearing for the Case

Daniel S. Feidt and Robert I. Lang, for appellant.

Meagher, Geer, Markham & Anderson, O.C. Adamson II, and D.W. Nord, for respondent.


MATSON, JUSTICE.

Plaintiffs appeal from a declaratory judgment for the defendant.

Plaintiffs, as copartners doing business as The Hauenstein Company, were distributors of a new type of plaster known as Softone Acoustical Plaster. At all times herein plaintiffs were covered against liability for accidental property damage by an insurance contract with the defendant insurance company under which contract the defendant-insurer agreed:

"To PAY any loss...

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