BERG v. XERXES-SOUTHDALE OFFICE BLDG. CO.

No. 49733.

290 N.W.2d 612 (1980)

Roy A. BERG, et al., Respondents, v. XERXES-SOUTHDALE OFFICE BUILDING CO., etc., Appellant, Western Life Insurance Company, et al., Defendants.

Supreme Court of Minnesota.

February 29, 1980.


Attorney(s) appearing for the Case

Henson & Efron, Robert F. Henson and Stuart T. Williams, Minneapolis, for appellant.

O'Neill, Burke & O'Neill, John B. Burke, Jr., and Michael R. O'Brien, St. Paul, for respondents.

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


TODD, Justice.

The respondents sought to foreclose a mortgage given to them by the appellant, a limited partnership. The partnership counterclaimed, alleging fraud, and seeking to have the mortgage declared satisfied. Because the trial court believed that the alleged fraudulent acts related to future events and were thus not actionable, and that, even if there had been fraud, it had been waived, the court allowed the mortgage foreclosure. We reverse and remand.

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