Fuller v. Fried

On Petition for Rehearing.

Christianson, J.

Defendants petition for a rehearing.

It is first contended that this court should hold as a matter of law that the contract in suit is one between the plaintiffs and the Minneapolis Steel & Machinery Company; and that, consequently, the plaintiffs can in no event recover against the defendants. It is said that inasmuch as the plaintiffs dealt directly with the branch agent of the Minneapolis Steel & Machinery Company in obtaining repairs for the machinery, they in effect recognized the contract as being one with the company and “ratified, renewed and…