Foster v. Dwire

This is an appeal from a judgment of the District Court of Ward County, entered upon two verdicts, one dismissing the plaintiffs’ action and the other dismissing defendant’s counterclaims. This case was here on a former appeal. See 42 N. D. 319, 172 N. W. 782.

The plaintiffs are partners and were, at the time the facts constituting the cause of action arose, engaged in the business of plumbing and heating contractors in the city of Minot. The complaint alleges that between the 15th day of October, 1916, and the 5th day of October, 1917, the plaintiffs, at the special instance and request of…