Independent School District No. 877 v. Loberg Plumbing & Heating Co.

Rogosheske, Justice.

Plaintiff, upon dismissal of its action as to certain defendants, appeals from an order denying its motion for a new trial.

The problem presented concerns the interpretation of a building construction contract to ascertain the intention of the parties with respect to the contractor’s liability for alleged negligence in causing a fire which extensively damaged a school building after the construction was substantially completed and the budding was accepted and in use by plaintiff.

In the spring of 1956, plaintiff entered into a contract with Patch and Erickson, architects,…