McLeod v. Simon

Nuessle, -I.

This is an action for damages, claimed on account of the sale to the plaintiff and respondent of an unsafe and dangerous mixture of gasoline and kerosene for illuminating purposes.

From the record it appears that there is no question but that the plaintiff, McLeod, bought oil for illuminating purposes from the defendant, Simon, who kept a general store at Wheatland, N. D.; that he used the oil for such purposes; that on May 7, 1920, an explosion resulted from such use, causing a fire, and that the plaintiff was substantially damaged thereby. It further appears that Simon kept the…