NEWBY v. JOHNSTON'S FUEL LINERS, INC.

No. 8061.

122 N.W.2d 156 (1963)

C. W. NEWBY, d/b/a Regent Lumber Company, Plaintiff and Respondent, v. JOHNSTON'S FUEL LINERS, INC., Defendant, Third-Party Plaintiff and Appellant, v. Leonard PRINCE, an individual doing business under the trade name of Regent Oil Company, Third-Party Defendant and Respondent.

Supreme Court of North Dakota.

As Amended on Rehearing May 29, 1963.


Attorney(s) appearing for the Case

Conmy & Conmy, Bismarck, for defendant, third-party plaintiff and appellant.

Mackoff, Kellogg, Muggli & Kirby, Dickinson, and Rausch & Chapman, Bismarck, for third-party defendant and respondent.

Frederick E. Saefke, Jr., Bismarck, for plaintiff and respondent.


ERICKSTAD, Judge.

This is an action on the part of the plaintiff, C. W. Newby, d/b/a Regent Lumber Company, to recover damages from the defendant Johnston's Fuel Liners, Inc., for losses incurred by the plaintiff arising out of a petroleum fire allegedly caused by the defendant.

The aforesaid defendant answered the plaintiff denying liability and as a third-party plaintiff seeking to recover damages suffered by the said defendant in said fire brought Leonard...

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