Holliday v. St. Paul Mercury Indemnity Co.

Opinion by

Reno, J.,

This is an appeal from the judgment of the court below in favor of appellee upon its affidavit of defense raising questions of law.

The appellee insured appellant, who owned and operated a gasoline and oil service station, against “damages because of injury to or destruction of property, including loss of use thereof caused by accident and ...... arising out of improper delivery to customers at the premises of fuel and lubricating products sold by the insured.”

A customer of appellant requested that the oil in his tractor-truck be changed. Appellant’s manager directed his…