GITTLEMAN v. FESENMAIER

No. 39,157.

268 Minn. 238 (1964)

128 N.W. (2d) 709

MELVIN GITTLEMAN v. DONALD J. FESENMAIER AND ANOTHER.

Supreme Court of Minnesota.

May 15, 1964.


Attorney(s) appearing for the Case

Maslon, Kaplan, Edelman, Joseph & Borman and Charles A. Cox, for appellant.

Larson & Wiese and Gerald H. Hanratty, for respondents.


OTIS, JUSTICE.

Plaintiff as vendor appeals from the dismissal of a suit for the specific performance of a contract to sell real estate, heard by the court without a jury.

On Friday, April 27, 1962, the vendor and his wife contracted with defendants to sell them property at 2012-2018 16th Avenue South in Minneapolis. The following Monday payment on the earnest money check was stopped. The next day the parties agreed to a modified contract, but subsequently...

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