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FRONTIER LUMBER & HARDWARE, INC. v. DICKEY

No. 42339.

183 N.W.2d 788 (1971)

FRONTIER LUMBER & HARDWARE, INC., Respondent, v. Duane DICKEY, d. b. a. Dickey Construction Co., Appellant.

Supreme Court of Minnesota.

January 15, 1971.

Attorney(s) appearing for the Case

Lyle R. Morris, Minneapolis, for appellant.

Kelly, Odell & Penberthy, Excelsior, for respondent.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE, KELLY, and FRANK T. GALLAGHER, JJ.

OPINION

KELLY, Justice.

Appeal from an order denying a motion to vacate a summary judgment.

Plaintiff, Frontier Lumber and Hardware, Inc., instituted this action against Duane Dickey, doing business as Dickey Construction Co., for $6,391.85 for goods, wares, and merchandise sold to defendant, plus $945.02 for interest. The defendant answered, denying generally the allegations contained in plaintiff's complaint and admitting that defendant was indebted...

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