Consumers Services, Inc. v. Cleaver-Brooks Co.

DONOVAN, District Judge.

Summarizing the contents of the file in the instant case, it appears that in the summer of 1951 plaintiff, a Minnesota corporation, was one of defendant’s dealers in Minnesota in connection with the sale of defendant’s oil-burner products. Plaintiff, as an outgrowth of a sub-contract entered into between plaintiff and a third party, claims breach of warranty as to certain equipment sold to plaintiff by defendant. In attempting to commence its action in this forum, plaintiff obtained service of process upon one J. W. Nienaber, doing business as Hazel Park Fuels, in St.…