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FOREMOST INSURANCE CO. v. ROLLOHOME CORPORATION

Civ. No. 8997.

221 N.W.2d 722 (1974)

FOREMOST INSURANCE COMPANY, a foreign corporation, Plaintiff and Appellee, v. ROLLOHOME CORPORATION, a foreign corporation, Defendant, and Intertherm, Inc., a foreign corporation, Defendant and Appellant.

Supreme Court of North Dakota.

August 30, 1974.

Attorney(s) appearing for the Case

Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, for plaintiff and appellee.

Wheeler, Wolf, Wefald & Durick, Bismarck, for defendant Rollohome Corp.

Wattam, Vogel, Vogel & Peterson, Fargo, for defendant and appellant.

VOGEL, Judge.

This is an appeal from a judgment in an action tried without a jury, in which the district court found in favor of the plaintiff insurance company, as subrogee of the rights of its insured, and against the defendant Intertherm, Inc. The trial court found in favor of the defendant Rollohome Corporation, and the ruling in its favor was not appealed.

Plaintiff's insureds, Mr. and Mrs. Daryl Wileman, purchased from Liechty Mobile Home Sales a mobile...

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