Mischel v. Vogel

STRUTZ, Judge.

This is an appeal from an order denying the defendants’ motion for judgment notwithstanding the verdict after a verdict for the plaintiffs, and from an order granting the plaintiffs a new trial.

The plaintiffs, who owned a small home in the city of Bismarck, decided to have their home modernized and contracted with the defendant Vogel to install a sewer line from their home to the city sewer, which is located in the street in front of the home. The defendant Vogel sublet to the defendant Monson Contracting Company that portion of the contract providing for the excavation for the…