LOSINSKI v. AMERICAN DRY CLEANING CO.

No. 48946.

281 N.W.2d 884 (1979)

Joseph D. LOSINSKI, Respondent, v. AMERICAN DRY CLEANING CO., Appellant, Mary C. Losinski, personal representative to the estate of Joseph Leo Losinski, deceased, et al., Respondents.

Supreme Court of Minnesota.

August 3, 1979.


Attorney(s) appearing for the Case

Streater, Murphy, Brosnahan, Langford & Gernander and Richard Beerling and Robert D. Langford, Winona, for appellant.

William Lindquist, Winona, for respondent Joseph D. Losinski.

Goldberg, Torgerson, Brewer & Kellum, Winona, for respondent Mary C. Losinski et al.

Heard before OTIS, ROGOSHESKE, and MAXWELL, JJ., and considered and decided by the court en banc.


ROGOSHESKE, Justice.

Defendant American Dry Cleaning Company appeals from an adverse judgment and from an order denying its motion for a new trial. After a trial to the court, the district judge found that defendant had impliedly ratified an option to purchase substantially all of its assets unauthorizedly granted to plaintiff, Joseph D. Losinski, by one of its officers. Based upon that finding, the trial court concluded that plaintiff was entitled to specific performance...

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