SCHULTZ v. STIERNAGLE

No. 47897.

270 N.W.2d 269 (1978)

Arnold SCHULTZ, Appellant, v. Cecil STIERNAGLE, Respondent.

Supreme Court of Minnesota.

July 14, 1978.


Attorney(s) appearing for the Case

Blethen, Gage, Krause, Blethen, Corcoran, Berkland & Peterson, Mankato, for appellant.

Robert E. Schmidt, Waseca, for respondent.

Heard by SHERAN, C. J., and YETKA and SCOTT, JJ., and considered and decided by the court en banc.


SHERAN, Chief Justice.

Appeal from a judgment of the district court entered pursuant to an order granting defendant's motion for summary judgment.

The question for decision is whether a party who enters into a contract for the purchase of real estate has a cause of action for specific performance or damages against the owner who agrees to sell but instead sells the land to a third person, in a situation where the land to be conveyed includes 80 acres of rural...

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