Newman v. Sears, Roebuck & Co.

The defendant, Alfred S. Dale, was the owner of an apartment house in the City of Bismarck, North Dakota. In August 1947, he ordered from Sears, Roebuck & Company, three folding beds. Sears, Roebuck & Company contracted their supply of said beds from the manufacturer,' Superior Sleeprite Corporation of Chicago. When the Dale order was received Sears, Roebuck & Company directed the shipment of three beds to be made by the Superior Sleeprite Corporation direct to the defendant, Dale, at Bismarck. When they were received defendant Dale had one Christ Nelson install one of these beds in one of…