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REISHUS v. IMPLEMENT DEALERS MUTUAL INSURANCE CO.

No. 8004.

118 N.W.2d 673 (1962)

Olaf REISHUS, d/b/a Reishus Construction Co., Plaintiff, Respondent and Cross-Appellant, v. IMPLEMENT DEALERS MUTUAL INSURANCE CO., a corporation, Defendant and Appellant, and Paul Boyle and City of Mohall, a municipal corporation, Defendants and Cross-Respondents.

Supreme Court of North Dakota.

Rehearing Denied December 27, 1962.

Attorney(s) appearing for the Case

Day, Stokes, Vaaler & Gillig, Grand Forks, for defendant and appellant Implement Dealers Mutual Insurance Co.

Ilvedson, Pringle, Herigstad & Meschke, Minot, for plaintiff, respondent and cross-appellant.

Palda, Palda, Peterson & Anderson, Minot, for defendant and cross-respondent Paul Boyle.

Bosard, McCutcheon & Coyne, Minot, for defendant and cross-respondent City of Mohall.

TEIGEN, Judge.

Plaintiff, Olaf Reishus, a contractor, and the defendant City of Mohall, a municipal corporation, entered into a contract whereby the plaintiff agreed to remodel a municipally owned building. While the work was in progress, the building was destroyed by fire. Thereafter, plaintiff sued the defendant City of Mohall and the defendant Implement Dealers Mutual Insurance Company, as plaintiff's insurer, in the alternative for the work performed remaining...

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