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SOUTHGATE, INC. v. ECKLIN

No. 43889.

207 N.W.2d 729 (1973)

SOUTHGATE, INC., Respondent, v. N. Herman ECKLIN, et al., Appellants.

Supreme Court of Minnesota.

April 27, 1973.

Attorney(s) appearing for the Case

Smith, Person & Doherty, and John R. Person, St. Paul, for appellants.

James H. Levy and William I. Kampf, St. Paul, for respondent.

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

PER CURIAM.

Defendants appeal from a summary judgment determining that a tender of payment of the balance admittedly due for the purchase of real property by personal check was sufficient to avoid statutory cancellation of a contract for deed.1 The sole issue presented by the unusual and undisputed facts is whether a personal check drawn upon an account containing sufficient funds constitutes proper tender, thereby preventing cancellation...

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