Pfliger v. Peavey Co.

PAULSON, Justice.

Peavey Company [“Peavey”] appeals from a judgment entered against it by the District Court of Burleigh County sitting without a jury on February 5, 1981, which judgment found Peavey liable for the negligent construction of a farm building on the principle of an ostensible agency and awarded Richard Pfliger [“Pfliger”] the sum of $6,057 after setting off Peavey’s counterclaim. We modify the judgment of the district court and affirm it as modified.

In the early summer of 1978, Arnold Krein, a Peavey sales representative, contacted Pfliger at his farm after learning that Pfliger…