Mickelson v. Cities Service Oil Co.

Rosenberry, C. J..

In September, 1944, the defendant oil company sold three of its old horizontal tanks, which the defendant Berschens agreed to dismantle. After the tanks were dismantled and on November 22, 1944, the defendant company entered into a contract with Berschens to remove the old brick piers where the horizontal tanks had been placed, to level off thé ground and to spread the necessary crushed stone for the foundations of three new vertical tanks. This contract was completed in the latter part of November. The John Petersen Manufacturing Company furnished three new perpendicular…