STROUTH v. WILKISON

No. 44533.

224 N.W.2d 511 (1974)

Jonas STROUTH, et al., Respondents, v. John WILKISON, Appellant.

Supreme Court of Minnesota.

December 13, 1974.


Attorney(s) appearing for the Case

Stein & Stein and Manuel H. Stein, Hibbing, for appellant.

Trenti, Berger, Carey & Roche and Robert F. Berger, Virginia, for respondents.

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


MacLAUGHLIN, Justice.

This is an action to recover damages for misrepresentation and breach of contract. Defendant appeals from the trial court's judgment awarding plaintiffs damages in the sum of $41,300, together with costs and disbursements. The trial court decided the case on the theory of fraudulent misrepresentation. We affirm in part and reverse in part.

The material facts in this case are not in dispute. Plaintiffs, husband and wife, are doctors on...

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