Board of Regents v. Frederick & Nelson

Plaintiff University sued for damages resulting from a fire at its health science laboratory. The University contracted with defendant Frederick & Nelson (F & N) to purchase furniture for that laboratory. The contract was negotiated through defendant Timmerman, a sales representative for defendant Rademacher, the manufacturer of the furniture.

Plaintiff contended that a fire occurred as a result of defendant Rademacher's conduct in the performance of the contract. By special interrogatory the jury found that defendant Rademacher was negligent and responsible for the fire. Under the court's…