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HARRINGTON v. SMITH

No. 42751.

190 N.W.2d 490 (1971)

Willis E. HARRINGTON, Appellant, v. Dave W. SMITH and Ellen M. Smith, his wife, Respondents.

Supreme Court of Minnesota.

September 24, 1971.

Attorney(s) appearing for the Case

Harry N. Ray, St. Paul, for appellant.

Altman, Geraghty, Leonard & Mulally, St. Paul, for respondents.

Heard before KNUTSON, C. J., and NELSON, MURPHY, PETERSON, and KELLY, JJ.

OPINION

KELLY, Justice.

This is an appeal from a judgment. In this case a contract for deed was canceled under Minn.St. 559.21 for failure to make payments as specified in the notice of the cancellation. The sole question for review is whether the default was waived and the cancellation proceedings voided by the acceptance of cancellation costs by the vendors' attorney on the condition that vendee would pay the amount in default the next day and the amount...

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