WEBER ELECTRIC COMPANY v. TUMINELLY, INC.

No. 43564.

206 N.W.2d 656 (1973)

WEBER ELECTRIC COMPANY, Plaintiff, v. TUMINELLY, INC., defendant and third-party plaintiff, Respondent, v. DORSO TRAILER SALES, INC., third-party defendant, Appellant.

Supreme Court of Minnesota.

April 20, 1973.


Attorney(s) appearing for the Case

Wiese & Cox, and Paul G. Neimann, Minneapolis, for appellant.

James G. Paulos, St. Paul, for respondent.

Heard before KNUTSON, C. J., and OTIS, KELLY, and SCHULTZ, JJ.


PER CURIAM.

This is an appeal by a third-party defendant, Dorso Trailer Sales, Inc., from an order denying it a new trial. The only issue is whether it was error not to grant appellant a jury trial. We hold that it was and reverse.

It is undisputed that both a jury trial and a court trial were designated in various notes of issue. Although the respondent third-party plaintiff supports appellant's contention that appellant had specifically asked the court for...

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