RUDNITSKI v. SEELY

No. C0-89-43.

441 N.W.2d 827 (1989)

Richard RUDNITSKI, et al., Devisees of Alice Rudnitski, Appellants, v. Elizabeth SEELY, Respondent.

Court of Appeals of Minnesota.

Review Granted August 25, 1989.


Attorney(s) appearing for the Case

William A. Torell, Torell Law Office, Foley, for appellants.

Patrick W. Stewart, McMenomy & Severson, P.A., Apple Valley, for respondent.

Heard, considered and decided by PARKER, P.J., and RANDALL and KALITOWSKI, JJ.


OPINION

RANDALL, Judge.

This is an appeal from a summary judgment. The trial court ruled that the election of remedies doctrine precludes a vendor of real property from asserting a claim for waste to that property once the vendor has cancelled the contract and recovered the property. The trial court also ruled that the election of remedies doctrine precludes an action for conversion of personal property following cancellation of a contract for deed. We reverse...

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