Mackey v. Fisher

Defendants, in writing, contracted to erect a building in Minneapolis for plaintiffs, and to be responsible for any loss or injury to person or property occasioned by their (defendants’) neglect in and about the erection and completion of the same, including basement and areas. Through defendants’ neglect in failing properly to guard an area belonging to the building, one Moran fell into it, and was injured. Thereupon he brought suit against plaintiffs and de*348fendants together. Defendants interposed an answer; but plaintiffs, having failed to do so within the time allowed by law, applied to…