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KLINZING v. GUTTERMAN

No. 37,106.

250 Minn. 534 (1957)

85 N.W. (2d) 665

AUGUST F. KLINZING v. DAVID GUTTERMAN AND ANOTHER. MILES LUMBER COMPANY, THIRD-PARTY DEFENDANT. SIDNEY HOLMES, FOURTH-PARTY DEFENDANT.

Supreme Court of Minnesota.

October 11, 1957.

Attorney(s) appearing for the Case

Joe A. Walters, for appellant.

Stacker & Stacker and Thomas W. Newcome, for respondents.

FRANK T. GALLAGHER, JUSTICE.

It appears from the record and pleadings that on September 15, 1951, the plaintiff, Klinzing, purchased certain real estate from defendants and third-party plaintiffs, herein referred to as Gutterman, and that a part of the purchase agreement provided that Gutterman was to construct a garage and concrete driveway on this property; that Gutterman subcontracted the construction of the garage and driveway to the third-party defendant and...

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