FLEMING SHEET METAL, INC. v. LEIFCO REALTY COMPANY

No. 44510.

219 N.W.2d 620 (1974)

FLEMING SHEET METAL, INC., Appellant, v. LEIFCO REALTY COMPANY, et al., Respondents, Spaceburger, Inc., Defendant.

Supreme Court of Minnesota.

June 28, 1974.


Attorney(s) appearing for the Case

Swanson & Prueter and John L. Prueter, Minneapolis, for appellant.

Gray & Gray and Robert J. Orth, St. Paul, for respondents.

Heard before PETERSON, TODD, and SCOTT, JJ., and considered and decided by the court.


PER CURIAM.

Plaintiff appeals from a summary judgment holding that a landlord, defendant Leifco Realty Company, was not responsible for work performed at the request of its tenant, defendant Spaceburger, Inc. Plaintiff contends that it was entitled to recover on the theory of agency existing between landlord and tenant, or on the alternate theory of third-party beneficiary under the lease agreement. Affirmed in part; reversed in part.

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