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HEHL v. ESTATE OF KLOTTER

No. 48235.

277 N.W.2d 660 (1979)

George E. HEHL, Respondent, v. ESTATE OF Edward M. KLOTTER, Deceased, et al., Defendants, Peter Flint Fox, et al., Respondents, G & R Construction, Inc., Appellant.

Supreme Court of Minnesota.

April 6, 1979.

Attorney(s) appearing for the Case

J. Derek Amerman and William J. Keefer, Minneapolis, for appellant.

Allan T. Quello, Wayzata, for Hehl.

Lindquist & Vennum and J. Michael Dady, Minneapolis, for Fox, et al.

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

PETERSON, Justice.

The undisputed facts in this case put in issue the priority of two purchase agreements to the same property located at 1250 Briar Street, Orono, Minnesota. At approximately 7 p. m. on December 21, 1976, Shirley Breitner, an agent of Fox-Herfurth Real Estate, Inc., and Paul Willette, an agent of Mann Realty, went to the home of Craig F. Klotter, personal representative for the estate of his deceased father, and presented Klotter with a purchase agreement...

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