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BRASCH v. WESOLOWSKY

No. 39586.

138 N.W.2d 619 (1965)

Marie C. BRASCH, formerly Marie C. Prow, Respondent, v. Gabriel J. WESOLOWSKY, Defendant and 3rd-Party Plaintiff, Appellant, ROCHESTER BLOCK AND SUPPLY COMPANY, Riverside Sand and Gravel, Inc., Leland Fay, Russell Brooks, Garnet Spring, 3rd-Party Defendants, Respondents.

Supreme Court of Minnesota.

August 13, 1965.

Attorney(s) appearing for the Case

Brown & Bins, Rochester, for appellant.

E. E. Ranta, A. H. Michals, Hvass, Weisman & King, Minneapolis, for plaintiff-respondent.

Hunt, Streiff, DeVinny & Young, Stewartville, for Rochester Block, etc., and Riverside Sand, etc., respondents.

Dingle & Krieger, Rochester, for respondent Fay.

Allen & Delaney, Rochester, for respondent Brooks.

R. V. Ehrick, Rochester, for respondent Spring.

Tyrrell, Jardine, Loban & O'Brien, St. Paul, for Littrup Nielson.

FRANK T. GALLAGHER, C.

This is an appeal from an order of the district court denying the alternative motion of defendant, Gabriel J. Wesolowsky, for judgment notwithstanding the verdict or a new trial.

Plaintiff, Marie C. Brasch, alleged in her complaint that the defendant had been negligent in the performance of an oral agreement to construct a residential dwelling, by reason of which negligence and the unskilled manner of its construction the building's...

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