MERRIMAN v. SANDEEN

Nos. 47730, 47754.

267 N.W.2d 714 (1978)

Calvin A. MERRIMAN, Appellant, v. Winston E. SANDEEN, et al., Respondents.

Supreme Court of Minnesota.

Rehearing Denied May 1, 1978.


Attorney(s) appearing for the Case

Gray, Plant, Mooty, Mooty & Bennett and Michael R. Cunningham, Minneapolis, for appellant.

Eckberg, Lammers, Briggs & Wolff, and Lyle J. Eckberg, Stillwater, for respondents.

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


YETKA, Justice.

This is an appeal by plaintiff from an order denying motions for amended findings of fact, conclusions of law, and order for judgment or a new trial. The district court sitting without a jury determined that plaintiff's tender of a check which was dishonored by the drawee bank caused the lapse of the option to purchase defendants' land. Plaintiff originally sued for specific performance. With the consent of defendants, a claim for compensatory damages...

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