VIEBAHN v. GUDIM

No. 39667.

142 N.W.2d 80 (1966)

Frank C. VIEBAHN et al., Respondents, v. Gerald T. GUDIM, and Gudim Realty, Inc., Appellants, Walter R. Davis et al., Respondents.

Supreme Court of Minnesota.

April 15, 1966.


Attorney(s) appearing for the Case

Shanedling, Phillips, Gross & Aaron, Minneapolis, for appellants.

Byron W. McCullagh, Minneapolis, for Viebahn.

Gault, MacKenzie & Gustafson, St. Peter, for Davis.


OTIS, Justice.

This is an action to rescind the purchase of a motel. Plaintiffs allege the gross income was misrepresented by the owners and their broker. An advisory jury found the agent guilty of fraud but exonerated the vendors who were, however, held vicariously liable by the court. This appeal is brought by the agent only. Neither the purchasers nor the vendors have cross-appealed. The purchasers have sought review of their right to interest as an offset against...

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