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WEATHER-RITE, INC. v. SOUTHDALE PRO-BOWL, INC.

No. 44016.

222 N.W.2d 789 (1974)

WEATHER-RITE, INC., Appellant, v. SOUTHDALE PRO-BOWL, INC., et al., Defendants, Frank Buetel, Respondent.

Supreme Court of Minnesota.

October 11, 1974.

Attorney(s) appearing for the Case

Cummins & Sheahan and Carl W. Cummins III, St. Paul, for appellant.

Gilbert J. Schlagel, St. Paul, for respondent.

Permanent Editorial Bd. for the Uniform Commercial Code, Carl W. Funk, Philadelphia, Pa., amicus curiae.

Heard before KNUTSON, C.J., and KELLY, MacLAUGHLIN, and MULALLY, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Plaintiff, Weather-Rite, Inc., brought this action as payee on a promissory note given by Southdale Pro-Bowl, Inc., against defendant Frank Buetel, an officer of Southdale whom plaintiff alleges is an individual endorser of the note. The trial court, over plaintiff's continuing objection, admitted parol evidence concerning the execution of the note and its endorsements, and concluded that defendant had endorsed the note as an officer and agent of Southdale...

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