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PFLIGER v. PEAVEY CO.

Civ. No. 9960.

310 N.W.2d 742 (1981)

Richard PFLIGER, Plaintiff and Appellee, v. PEAVEY COMPANY, a corporation, Defendant and Appellant.

Supreme Court of North Dakota.

October 6, 1981.

Attorney(s) appearing for the Case

William C. Severin, Bismarck, for defendant and appellant.

Rausch & Rausch, Bismarck, for plaintiff and appellee; argued by James P. Rausch, Bismarck.

PAULSON, Justice.

Peavey Company ["Peavey"] appeals from a judgment entered against it by the District Court of Burleigh County sitting without a jury on February 5, 1981, which judgment found Peavey liable for the negligent construction of a farm building on the principle of an ostensible agency and awarded Richard Pfliger ["Pfliger"] the sum of $6,057 after setting off Peavey's counterclaim. We modify the judgment of the district court and affirm it as modified...

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