NORTHWESTERN STATE BANK, OSSEO v. FOSS

No. 42965.

197 N.W.2d 662 (1972)

NORTHWESTERN STATE BANK, OSSEO, Minnesota, Respondent, v. Duane W. FOSS, et al., Defendants, Elmer M. Lamphere and Raymond H. Wood, Appellants.

Supreme Court of Minnesota.

May 5, 1972.


Attorney(s) appearing for the Case

Fredrikson, Byron & Colborn, and Jerome S. Rice, Minneapolis, for appellants.

Faegre & Benson and Gordon G. Busdicker, Roger L. Nordbye and Peter R. Kitchak, Minneapolis, for respondent.

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


ROGOSHESKE, Justice.

In Northwestern State Bank v. Foss, 287 Minn. 508, 177 N.W.2d 292 (1970), defendants Elmer M. Lamphere and Raymond H. Wood attempted to appeal from an order granting a new trial on the issue of damages only in their claim against plaintiff, Northwestern State Bank, for breach of an agreement to extend the due date of a mortgage note. That appeal was dismissed, and they now appeal from the judgment entered following...

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