Bismarck Baptist Church v. Wiedemann Industries, Inc.

STRUTZ, Chief Justice,

on reassignment.

This action was brought by the plaintiff to recover damages to its new church caused by a fire which damaged the baptistry and an area surrounding it. Whenever the word “plaintiff” is used in this opinion, it refers to the plaintiff church, and not to the insurance company which later was joined as a plaintiff by motion.

At the time of the fire, which occurred in the early morning of January 17, 1967, the building had not been officially delivered to or accepted by the plaintiff. A small amount of work remained to be done, including some minor finishing on…