POBOISK v. COLON

No. 43061.

195 N.W.2d 431 (1972)

Harry POBOISK, Respondent, v. Vernon R. COLON, Respondent, William E. DeWolf, Appellant.

Supreme Court of Minnesota.

January 21, 1972.


Attorney(s) appearing for the Case

Andrew P. Engebretson, St. Paul, for appellant.

Robins, Davis & Lyons, St. Paul, for Poboisk.

Douglass, Bell, Donlin, Schultz & Petersen, St. Paul, for Colon.

Heard before KNUTSON, C. J., and OTIS, ROGOSHESKE and PETERSON, JJ.


OPINION

PER CURIAM.

Appeal by defendant William E. DeWolf from a judgment in an action by plaintiff for rent due under a written lease. Plaintiff's motions to strike the allegation in defendant DeWolf's answer that plaintiff failed to mitigate damages, and for summary judgment against defendants DeWolf and Vernon R. Colon, were granted. During the pendency of the appeal, defendant Colon satisfied the judgment, and only DeWolf has filed a brief requesting...

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