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FRED O. WATSON CO. v. U. S. LIFE INS. CO., ETC.

No. 47418-9.

258 N.W.2d 776 (1977)

FRED O. WATSON CO., et al., Respondents, v. UNITED STATES LIFE INSURANCE COMPANY IN the CITY OF NEW YORK, defendant and third party plaintiff, Appellant, v. EBERHARDT COMPANY, third party defendant, Respondent.

Supreme Court of Minnesota.

September 23, 1977.

Attorney(s) appearing for the Case

Johnson, Thompson, Klaverkamp & James Bruce F. Thompson and Patrick J. McLaughlin, Minneapolis, for appellant.

Dorsey, Windhorst, Hannaford, Whitney & Halladay and John M. Mason, Minneapolis, for Watson, et al.

Strong, Tully & Tully and Harlan B. Strong, Minneapolis, for Eberhardt Co.

Heard before PETERSON, KELLY, and PLUNKETT, JJ., and considered and decided by the court en banc.

KELLY, Justice.

Defendant appeals from an order which denied its motion for a new trial, and from the judgment granting plaintiffs specific performance of a standby purchase commitment. Plaintiffs seek review of the judgment insofar as it denies recovery of costs occasioned by defendant's failure to perform. We affirm in part and reverse in part.

Plaintiffs seek specific performance of an agreement between plaintiff Fred. O. Watson Company (Watson) and defendant...

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