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O'BRIEN v. WENDT

No. 49369.

295 N.W.2d 367 (1980)

Herbert A. O'BRIEN, et al., Appellants, v. Lillian WENDT, et al., Respondents, Warren LaPanta, et al., Defendants.

Supreme Court of Minnesota.

Rehearing Denied August 13, 1980.

Attorney(s) appearing for the Case

Jacobowski, Doffing, Hennessy & Flannery and William J. Hennessy, St. Paul, for appellants.

Smith, Juster, Feikema, Malmon & Haskvitz, Wyman Smith and J. Christopher Cuneo, Minneapolis, for respondents.

Heard before SHERAN, C. J., OTIS and YETKA, JJ., and considered and decided by the court en banc.

YETKA, Justice.

Plaintiffs Herbert A. O'Brien and Christine V. O'Brien appeal from the order of the Cook County District Court filed on February 28, 1978, granting a new trial in the above-captioned case. We reverse the order and remand to the trial court.

On September 16, 1968, plaintiffs, as vendees, entered into a contract for deed with Edward and Anna Ruidl, as vendors, for the purchase of resort property known as Northwoods located in Cook County. After...

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