Modern Electric Company v. Dennis

Plaintiff alleged in its complaint in substance: On 22 August 1957 plaintiff and defendant entered into a contract'whereby defendant would unload an electric switchboard of large size and heavy weight from a truck, and then hoist it to the second floor of a new addition to the Herald Sun Building in the city of Durham, and there deliver it in good condition to plaintiff for installation. Defendant was to provide all necessary equipment, to manage and supervise the entire operation, and to have sole control and authority over it. Plaintiff delivered the electric switchboard to defendant in…