Graybar Electric Co. v. St. Paul Mercury Indemnity Co.

Hilton, Justice.

Because the trial court certified the question after overruling a demurrer to the complaint, the appeal is properly here.

In November, 1938, plaintiff’s assignor, John Stemmer, contracted with Warren C. Little, a licensed master electrician, for the construction of a complete, workable electric system sufficient to comply with designated requirements. It is averred that the installation was constructed improperly, illegally, and in an unworkmanlike manner. It is also alleged that requirements specified were not met and that unsuitable materials were used.

Defendant is being sued…