WORMSBECKER v. DONOVAN CONSTRUCTION CO.

No. 36,647.

247 Minn. 32 (1956)

76 N.W. (2d) 643

RALPH WORMSBECKER v. DONOVAN CONSTRUCTION COMPANY OF MINNESOTA. S.J. KRANNAK, DEFENDANT IN INTERPLEADER.

Supreme Court of Minnesota.

March 29, 1956.


Attorney(s) appearing for the Case

Joseph A. Maun, Mandt Torrison, Jerome B. Simon, and Bundlie, Kelley & Maun, for appellant.

William E. MacGregor, Benedict Deinard, Guesmer, Carson, MacGregor & Clifford, and Leonard, Street & Deinard, for respondent Wormsbecker.

B.J. Loftsgaarden and Loftsgaarden & Loftsgaarden, for respondent Krannak.


KNUTSON, JUSTICE.

This is an appeal from a judgment entered pursuant to the findings of the trial court made after a trial partly to a jury and partly to the court.

The facts essential to a determination of the questions decisive of this appeal, viewed in the light most favorable to the verdict and the court's findings, may be stated briefly as follows:

Prior to March 1949 plaintiff had considerable experience in construction work and real estate sales...

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