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BOATWRIGHT CONST., INC. v. KEMRICH KNOLLS

No. 45262.

238 N.W.2d 606 (1976)

BOATWRIGHT CONSTRUCTION, INC., etc., formerly Universal Homes, Inc., Appellant, v. KEMRICH KNOLLS, a Partnership Consisting of Richard M. Smith, Jean K. Smith, Clarence J. Kemp, and Nancy D. Kemp, Respondents.

Supreme Court of Minnesota.

January 9, 1976.

Attorney(s) appearing for the Case

Fredrikson, Byron, Colborn, Bisbee, Hansen & Perlman and Jerome S. Rice, Minneapolis, for appellant.

Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan and J. Richard Bland and Gary W. Hoch, O. C. Adamson II, Minneapolis, for respondents.

Heard before ROGOSHESKE, TODD and YETKA, JJ., and considered and decided by the court en banc.

PER CURIAM.

Boatwright Construction, Inc., (Boatwright) appeals from an order and judgment denying its claim for damages for breach of contract and allowing Kemrich Knolls (Kemrich) to retain as liquidated damages a portion of the earnest money paid by Boatwright. The lower court disallowed the counterclaim of Kemrich for damages for breach of contract by Boatwright. We affirm.

In November 1967, Boatwright contracted to purchase 25 lots from Kemrich. The contract...

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