HERMAN v. GENERAL IRRIGATION CO.

Civ. No. 9227.

247 N.W.2d 472 (1976)

Delton HERMAN, Plaintiff, Appellee, v. GENERAL IRRIGATION CO., a fictitious named company of Carthage, Missouri, Defendant, Appellant, and Ford Motor Company, a corporation, Defendant, Appellee.

Supreme Court of North Dakota.

November 30, 1976.


Attorney(s) appearing for the Case

Pearce, Anderson, Pearce, Thames & Pearce, Bismarck, for defendant and appellant General Irrigation Co.; argued by Harry J. Pearce, Bismarck.

Sperry & Schultz, Bismarck, for plaintiff and appellee; argued by Floyd B. Sperry, Bismarck.

Conmy, Rosenberg & Lucas, Bismarck, for defendant and appellee Ford Motor Co.; argued by A. William Lucas, Bismarck.


SAND, Justice.

Plaintiff Delton Herman, a Mercer County farmer, brought an action against General Irrigation Company and Ford Motor Company when his irrigation system failed shortly after its purchase. Herman alleged a defect in the diesel 401 Ford engine which powered the system. General Irrigation had assembled the center-pivot irrigation system, incorporating as a component part the 401 diesel engine manufactured by Ford. Herman bought the system from James Cook...

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