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LOYAL ORDER OF MOOSE v. HARRY S. HORWITZ & CO.

No. 40055.

148 N.W.2d 362 (1967)

LOYAL ORDER OF MOOSE MINNEAPOLIS LODGE NO. 38, Appellant, v. HARRY S. HORWITZ & CO., Inc. and R. A. Wiley Well Co., Inc., Respondents.

Supreme Court of Minnesota.

January 20, 1967.

Attorney(s) appearing for the Case

Joseph Robbie and Peter J. Lindberg, Minneapolis, for appellant.

Hall, Smith, Hedlund, Juster, Forsberg & Merlin, Minneapolis, for Wiley Well.

Lloyd W. Friedman, Minneapolis, for Horwitz.

OPINION

PER CURIAM.

Plaintiff property owner seeks to recover damages resulting from the excavation for a water main by defendants pursuant to a contract which plaintiff claims was induced by fraud. Plaintiff appeals from a judgment setting aside a verdict in its favor for $930.

This litigation arises from the construction of a building on the southwest corner of Third Avenue N. E. and Seventh Street N. E. in the city of Minneapolis. Defendant Horwitz...

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