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NAFSTAD v. MERCHANT

No. 45151.

228 N.W.2d 548 (1975)

H. Norman NAFSTAD, Jr., Respondent, v. Leo P. MERCHANT, et al., Appellants.

Supreme Court of Minnesota.

April 11, 1975.

Attorney(s) appearing for the Case

Welter & Rosenthal, Eugene F. Welter, Popham, Haik, Schnobrich, Kaufman & Doty, Wayne G. Popham and Loren C. Tucker, Minneapolis, for appellants.

Cox, King & Stern, Michael J. Hoover and Charles A. Cox, Minneapolis, for respondent.

Heard before KELLY, TODD and CHANAK, JJ., and considered and decided by the court en banc.

PER CURIAM.

Defendants appeal from an adverse judgment in the Hennepin County District Court.

The facts are as follows: On July 10, 1970, Leland J. Salisbury executed an option with defendants to buy a parcel of real estate which defendants owned. The one year option provided in pertinent part:

"Any notice demand or communication which may or shall be given or served hereunder shall be in writing and shall be deemed given and served and personally...

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