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STEWART EQUIPMENT CO. v. HILLING CONSTRUCTION CO.

Civ. No. 8590.

175 N.W.2d 692 (1970)

STEWART EQUIPMENT CO. Ltd., a Corporation, Plaintiff and Appellant, v. HILLING CONSTRUCTION CO., Inc., and Nelson Paving, Inc., Defendants and Respondents.

Supreme Court of North Dakota.

March 25, 1970.

Attorney(s) appearing for the Case

Bjella & Jestrab, Williston, for plaintiff and appellant.

McIntee, Whisenand & Calton, Williston, for defendants and respondents.

STRUTZ, Judge.

This is an appeal by Stewart Equipment Co. Ltd., a Canadian corporation (hereinafter "Stewart Co."), from a judgment entered on August 18, 1969, dismissing the plaintiff's complaint against the defendant corporations. The case was tried to the court without a jury. No witnesses were called at the trial, counsel having stipulated that the court might consider facts presented by the parties in the form of affidavits, the same as if the persons who signed...

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