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  5. 240 N.W.2d 513 (1976)
 

NODLAND v. CHIRPICH

Nos. 45235 and 45319.

240 N.W.2d 513 (1976)

Tillie NODLAND, et al., Appellants, Johanna Paschal, Plaintiff, v. Casimer CHIRPICH, Respondent, Paul Hull, Respondent, Carl Malakowsky, et al., Defendants, Albert Kilmer, Administrator of the Sophia Kilmer Estate, Defendant.

Supreme Court of Minnesota.

March 12, 1976.

Attorney(s) appearing for the Case

Warren D. Chamberlain, Faribault, for appellants.

Joseph R. Gadola, Wells, for respondent Chirpich.

Tuveson & Goldman and Robert C. Tuveson, Albert Lea, for respondent Hull.

Heard before OTIS, PETERSON, and SCOTT, JJ., and considered and decided by the court en banc.

OTIS, Justice.

This is an action against defendant Chirpich to recover possession of a 320-acre farm, and against defendant Hull, a real estate agent, for damages for fraud. Hull counterclaimed for his commission. The district court granted Hull summary judgment on the fraud claim, ordered judgment against plaintiffs on their claims, and dismissed the counterclaims asserted by Chirpich and Hull. We affirm.

This case presents for decision two issues, first...

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