ODEGAARD v. INVESTORS OIL, INC.

No. 7995.

118 N.W.2d 362 (1962)

Willard ODEGAARD, Plaintiff and Respondent, v. INVESTORS OIL, INC., a Minnesota Corporation, Defendant and Appellant, and Anchor Casualty Company, Defendant and Respondent.

Supreme Court of North Dakota.

On Rehearing December 11, 1962.


Attorney(s) appearing for the Case

Vogel, Ulmer & Bair, Mandan, for plaintiff and respondent.

Cox, Pearce, Engebretson, Murray, Atkinson & Gunness, Bismarck, for defendant and appellant Investors Oil, Inc.

Nilles, Oehlert & Nilles, Fargo, for defendant and respondent Anchor Casualty Co.


MORRIS, Judge.

Investors Oil, Inc., defendant and appellant herein, is a Minnesota corporation that owns and operates an oil well located within the confines of the Garrison reservoir in North Dakota. The plaintiff and respondent, Willard Odegaard, is a construction contractor who on February 20, 1958, entered into a written agreement with Investors Oil, Inc., to build

"a mound made of clean pit run gravel and graded field rock, said mound generally described...

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